~-------------------------
INTERNATIONAL COURT OF JUSTICE
DISPUTE CONCERNING
NAVIGATIONALAND RELATED RIGHTS
(COSTA RICA v.NICA.RAGUA)
MEMORIAL OF COSTA RICA
VOLUMES
(Annexes 110 to 192)
29 August 2006 LIST OF ANNEXES
(VOLUME 5)
Number Description Annexes
Page N°
Annex 110 "Sandinîsta guards attack Costa Ricans" in La Naci6n,
San José,6 November 1980 ........................ 577
Annex 111 "Nicaragua conditions navigation on the waters of the
San Juan River" in La Naci6n, San José,8 November
1980............................................ 579
Annex 112 "Foreign Affairs Minister says that the Canas-Jerez
Treaty is unquestionable" in La Naci6n, San José,9
November 1980.................................. 583
Annex 113 "New protest to Nicaragua" in La Naci6n, San José, Il
June 1982 ...................................... 585
Annex 114 "Free passage along the San Juan River is demanded" in
La Naci6n, San José, 16 June 1982 .................. 587
Annex 115 "Nicaraguans announce control on the San Juan" in
La Naci6n ,San José, 17 June 1982 .................. 589
Annex 116 "Problems on the San Juan River continue" in La Naci6n,
San José,4 July 1982 ............................. 591
Annex 117 "Nicas confiscate material from journalists on the San
Juan" in La Naci6n, San José,24 February 1983........ 593
Annex 118 "Foreign Affairs Ministry will protest again to Nicaragua"
in La Naci6n, San José,7 March 1983................ 595
Annex 119 "Today will take place a high leve! meeting with
Nicaragua" in La NaCl"im,San José,4 April 1983 ....... 597
Annex 120 "Meeting with Nicaraguans failed" in La Republica,
San José,5 April 1983 ............................ 599
Annex 121 "Nicaragua guarantees freedom on the San Juan River"
in La Repûblica, San José, 15 April 1983 ............. 601Annex .122 "Ramirez offers graduai respect to navigation on the San
Juan River" in La Naci6n, San José,15April 1983...... 603
Annex 123 "Conflict with the Nicaraguans due to tourism on the
San Juan" in La Republica, San José,5 March 1994..... 605
Annex 124 "Ticos were machine-gunned at the San Juan River"
in La Naci6n, San José,8 March 1994................ 609
Annex 125 "Problem with Ticos solved" in La Prensa, Managua,
8 March 1994 ................................... 611
Annex 126 "_5 to navigate on the San Juan" in La Naci6n, San José,
10 March 1994 .................................. 613
Annex 127 "Tourist card affects us, the ticos say" in Barricada,
Managua, 13 March 1994.......................... 617
Annex 128 "Costa Rica demands Nicaraguans to withdraw charge
on the San Juan" in La Republica, San José,17 March
1994 ........................................... 619
Annex 129 "Foreign Ministers will analyze transit on the San
Juan" in La Naci6n, San José,13April1994 ........... 621
Annex 130 "Niehaus rules out arbitration" in La Nacion, San José,
20 April 1994 ................................... 623
Annex 131 "Border dispute with Nicaraguans" in La Nacion, San
José,16 July 1998................................ 625
Annex 132 "Aleman: ticos out" in El Nuevo Diario, Managua, 17
July 1998....................................... 629
Annex 133 "Costa Rican Guard banned from navigating on the
San Juan River with arms" in La Tribuna, Managua,
17 July 1998 .................................... 633
Annex 134 "Prohibition lifted" in La Nacion, San José,17 July
1998........................................... 635
Annex 135 "Aieman Reiterates Sovereignty over the San Juan River"
in La Prensa Libre, San José,23 July 1998........... 637
Annex 136 "Nicas are unbending with Police" in La Naci6n, San
José,23 July 1998................................ 639
IlAnnex 137 "Costa Rican President suspends visit" in El Nuevo
Diario, Managua, 24 July 1998 ..................... 641
Annex 138 "Costa Rica Exhibits its 'Army' on the San Juan River"
in La Prensa, Managua, 26 July 1998 ................ 643
Annex 139 "Chamorro objects to Patrols" in La Naci6n, San José,
27 July 1998 .................................... 645
Annex 140 "Aleman: 1could tak:eup the arms" in El Nuevo Diario, .
Managua, 30 July 1998............................ 647
Annex 141 "Border agreement with Nicas" in La Naci6n, San José,
31 July 1998 .................................... 649
Annex 142 "Nicaragua forfeited" in La Prensa, Managua, 31 July
1998........................................... 653
Annex 143 "Agreement tends to confirm Nicaraguan sovereignty in
theSan Juan" in La Prensa, Managua, 1 August 1998 ... 655
Annex 144 "Agreement criticized: new practices can be dangerous"
in La Prensa, Managua, 1 August 1998 .............. 657
Annex 145 "General Cuadra avoîds commenting on the San Juan
River" in La Tribuna, Managua, 1August 1998 ........ 659
Annex 146 "Nicaragua: Alemim suggests Civil Guard not to navigate
the San Juan" in Deutsche Presse Agentur, 4 August
1998 ........................................... 661
Annex 147 "Nicaraguan hostility worsens" in La Naci6n, San José,
4 August ~998 ................................... 663
Annex 148 "Nicaragua hardens its position" in La Prensa, Managua,
5 August 1998 ................................... 665
Annex 149 "Special Commission in charge of the San Juan" in
La Prensa, Managua, 6 August 1998 ................. 667
Annex 150 "Nicaragua would charge visa to Costa Rican policemen"
in La Naci6n, San José,6 August 1998 ............... 669
Annex 151 ''Ticoswill pay the priee" in La Tribuna, Managua, 6
August 1998 .................................... 671
l11Annex 152 "Commerce decreases along the border" in La Naciôn,
San José,27 September 1998 ....................... 673
Annex 153 "Ticos requested European mediation" in La Tribuna, .. .
~anagua,90cto 19be8.......................... 675
Annex 154 "Vessels investigated" in La Naciôn, San José,17
January 1999.................................... 677
Annex 155 "San Juan: Calm and uneasiness" in La Naciôn, San José,
4 July 1999 ..................................... 679
Annex 156 "Costa Rica declares bilateral dialogue exhausted,
Govemment requests mediation by theAS" in Press
Release, Press Office of ~inist oF oreign Affairs
of Costa Rica,~arch 2000....................... 681
Annex 157 "The San Juan River belongs to Nicaragua" in Press
Release, Press Office of ~inist orForeign Affairs
of Nicaragua, ~arc h000 ........................ 683
Annex 158 "OAS Secretary General Facilitates Reinitiating Dialogue
between Costa Rica andNicaragua" in Press Release of
the Organization of American States, Washington D.C, 8
March 2000 ..................................... 687
Annex 159 "Costa Rica forced to accept the dominion of Nicaragua
over the San Juan"in La Noticia, Managua, 17 March
2000........................................... 689
Annex 160 "~ermi totsavigate Anned?" in El Nuevo Diario,
Managua, 17 March 2000 .......................... 691
Annex 161 "Dialogue regarding River at a dead end" in La Naciôn,
San José,4 April 2000 ............................ 693
Annex 162 "Nicaraguan Government charges .1500colones to each
Costa Rican who navigates on the San Juan for a short
white" in Diario La Extra, San José,11April 2000 ..695
Annex 163 "Nicaragua asks for a Costa Rican proposai" in
La Naciôn, San José,18 June 2000 ..................699
Annex 164 "San Juan spices up relationship with Nicaraguans" in
La Naciôn, San José,10 July 2000...................701
lVAnnex 165 "Intense anns control" in La Naci6n, San José,25
September 2000.................................. 703
Annex 166 "Police were not allowed to navigate" in La Naci6n,
San José,28 September 2000 ....................... 705
Annex 167 "Energetic protest against Nicaragua" in La Naci6n,
San José,29 September 2000 ....................... 707
Annex 168 "Permission will be requested from the Congress for the .
navigation of arrned Costa Rican police" in ACAN-EFE
Press Agency, Madrid, 12 October 2000 .............. 709
Annex 169 "Nicas insist on charging" in La Naci6n, San José,
8 May 2001 ..................................... 711
Annex 170 "An infuriating game" in La Naci6n, San José,9 May
2001........................................... 713
Annex 171 "Nicaragua rejects arbitration" in La Naci6n, San José,
Il May 200.1.................................... 715
Annex 172 "Bolafi.ossees a solution about the San Juan" in
La Naci6n, San José,28 February 2002 ............... 717
Annex 173 "Bolafi.osprefers to deal with Pacheco on the San Juan
case" in La Prensa, Managua, 3 May 2002 ............ 719
Annex 174 "Nicas raise River charge" in La Naci6n, San José,
21 May 2002 .................................... 721
Annex 175 "Immigration confinns charge to Ticos on the San Juan"
in El Nuevo Diario, Managua, 22 May 2002 ........... 725
Annex 176 "Costa Rica defends dialogue" in Al Dia, San José,
17 June 2002 .................................... 727
Annex 177 "Neighbours in the San Juan River Fee! Defence1ess" in
La Naci6n, San José,22 June 2002 .................. 729
Annex 178 "The San Juan Frozen" in La Prensa, Managua, 27
Septernber 2002.................................. 733
Annex 179 "A river of calm and fees" in La Naci6n, San José,
14 May 2003 .................................... 735
vAnnex 180 "Charge for Ticos travelling on the San Juan reinstated"
in El Jl{uevoDiario, Managua, 7 May 2004 ............ 737
Annex 181 "The Northern Border: An open door for drug dealers"
in La Naci6n, San José,13 June 2005................. 739
Annex 182 "The Arrny guards the river" in La Prensa, Managua,
1 October 2005 .................................. 743
Annex 183 "In alert" in La Republica, San José,2 October 2005 ....745
Annex 184 "We can stop the case" in El Nuevo Diario, Managua,
2 October 2005 .................................. 747
Annex 185 "Nicaragua conditions passing of Costa Rican vessels"
in La Naci6n, San José,16 October 2005 ............. 749
Annex 186 "Costa Rican vessels will bear the Nicaraguan Flag"
in La Prensa, Managua, 17 October 2005 ............. 753
Annex 187 "Nicaragua conditions passing of Costa Rican vesse1s"
in El Nuevo Diario, Managua, 17 October 2005 ........ 755
Annex 188 "Ticos will pay for a visa" in El Nuevo Diario, Managua,
19 October 2005 ................................. 757
Annex 189 "Nicaragua demands a Visa and Passport on the River"
in La Naci6n, San José,30 October 2005 ............. 759
Annex 190 "Costa Rican Foreign Affairs Minister seeks dialogue ...
regarding visas and flags" in El Nuevo Diario, Managua,
1 November 2005 ................................ 761
Annex 191 "Ticos claim 'new and additional rights" in El Nuevo
Diario, Managua, 4 November 2005 ................. 763
Annex 192 "Conflict over the San Juan scares away tourists" in La .
Naci6n, San José,8 November 2005 ................. 767
VI Annex 110
"Sandinista guards attack Costa Ricans", in La Naci6n..
San José,6 November 1980 TRANSLATION
SANDINISTA GUARDS ATTACK COSTA RICANS
LA NACION, San José,6 November, 1980
Sandinista guards, in a postof the San Juan River, situated in the zone of the mouth
of the Sarapiqui, perpetrated last Thursday a fourth attackfring their submachine
guns at Costa Rican employees of the Ministry ofHealth, who were navigating in
Costa Rican territorial waters.
The three previous attacks had not transcended the public opinion, despite there
being a diplomatie complaint from the Costa Rican Foreign Ministry towards the
neighbouring country's consul, which did not yield positive results.
Yesterday, the Govemment of Costa Rica presented a formai protest to the
Govemment of Nicaragua, through its Ambassador in San José,Javier Chamorro.
This protest clearly specified that this is due to "the series of events which my
Governrnent feels that endanger our sovereignty and national safety".
At the same time, the diplomatie note, signed by Lie. Bemd Niehaus, asks for a
satisfactory explanation at the utmost brevity, and asks, in order to maintain cordial
relations, to instruct military authorities of the region to respect free navigation in
the San Juan River, as stipulated in standing agreements.
The account ofthe events, included in the Costa Rican protest, is as follows:
"This moming, the President of the Republic, Lie. Rodrigo Carazo, and the
undersigned, were informed in detail by the Minister of Health, Dr. Carmelo
Calvosa, that once again, members of the Sandinista Arrny of Nicaragua, posted in
the San Juan River, exact!y at the confluence with the Sarapiqui, on November 4th,
fired their submachine guns at a vesse! from the Ministry of Public Health of Costa
Rica, with officiais from that bureau, among which where Mr. Eduardo Carrillo,
administrative dîrector, a.i., andr. Calderon. They almost lost their lives in the
shooting, which came from Nicaraguan territory, and white this vesse! was on a
routine medical mission, sailingup the right margin of the San Juan River, in Costa
Rican waters."
Miscellaneous
1regret to inforrnY our Excellency that this unpleasant event is not the first of its
kind. On October 10th, nth, and 24th, other medical missions from the above
mentioned Ministry were attacked by Sandinista forces, and even the Director of
the local school has said that the children won't go out during recess, from fear of
being demolished in one of the continuous shootings, that these elements
unjustifiably cause."578
"1must say, Your Excellency, that the medical assistance offered in the zone is not
only for the benefit of Costa Ricans, but also for Nicaraguans. Sixty per cent of
their population benefit from these services, which not only include the presence
of doctors, orthodontists, and nurses, but also personnel from the national program
for the eradicationof malaria."
"The Government of the Republic, hereby wishes ta leave written evidence of its
most emphatic protest for the above-mentioned facts, and requests a prompt and
satisfactory explanation and to instruct military authorities in the region ta respect
free navigation in the San Juan River, as stipulated in standing agreements between
bath countries, for the sake of the good relations that have existed."
Frightened
Yesterday, there was sti\1 no answer to the protest. In the meantime, it was
confirmed here that a deep concem exists in the border area because the Costa
Ricans cannat move freely in their own territory.
Other investigations showed greater detail about the incidents, according to whîch
the Sandinista Guard, stationed in the San Juan, shoots because it demands that
Costa Ricans present themselves at those posts every time they pass the river.
In the attack against Mr. Carrillo and Dr. Calderon, the fonner was slightly
wounded in his temple, when he hit himself on the the side of the boat seeking
protection from the bullets.
Also, people from the zone denounced that the Guard charges 7 colones for each
quintalof corn or beans that is taken out of Costa Rica through the San Juan, and
obligates them togo to the Nicaraguan margin to pay the fee.
Medical services in the zone are practically unavailable in light of the abnormal
situation.
In the last incident, aside from the physical attack, Nicaraguans used coarse
language and harsh epithets when referring to the medical labor and assistance
work carried out by the nationals.
Ambassador
In the meantime, the Nicaraguan ambassador, Javier Chamorro, said that he
received the note of protest yesterday afternoon.
He said an investigation will be carried out ta determine whether Nicaraguan
soldiers incurred in any kind of irregularity. If anomalies are proven, they will
impose the corresponding sanctions, he added. They will also give the necessary
explanations of this case to our Govemment. Annex 111
"Nicaragua conditions navigation on the waters of the San Juan River",
in La Naciôn. San José, 8 November 1980 TRANSLATION
NICARAGUA CONDITIONS NAVlGATION ON THE WATERS OF
THE SAN JUAN RIVER.
(Extracts)
LA NACION, San José, Saturday 8 November, 1980
According to international news coming from Managua, whenever Costa
Ricans wish to navigate in the confluence of the Sarapiqui and San Juan rivers,
they must inform the Nicaraguan authorities to avoid conflicts. This statement
was made by Commander Daniel Ortega, member of the National
Reconstruction Junta of Nicaragua. Ortega said that this type of problems do
not occur in the northern border, because when Honduran authorities transit the
border area, they previously inform aboutit. The Nicaraguan leader said that in
the zone where Nicaragua requests a previous notification to transit, there have
been problems with contraband and the presence of "counterrevolutionary
elements". The Nicaraguan Foreign Minister, father Miguel D' Escoto,
explained that "last Tuesday's incident against officiais of the Ministry of
Health, indeed happened. However, he justified the request made by his
country to ours.
According to international news coming from Managua, whenever Costa
Ricans wish to navigate in the confluence of the Sarapiqui and San Juan rivers,
they must inforrn the Nicaraguan authorities to avoid conflicts.
This statement was made the night before yesterday in the Sandinista newscast
television, by Commander Daniel Ortega member of the National
Reconstruction Junta ofNicaragua.
(..)
Border zone
In another partof his statements, Commander Ortega assured that in the zone
where Nicaragua requests a previous notification to transit, there have been
problems with contraband and the presence of "counterrevolutionary
elements".
(..)
In regard to the situation, the Nicaraguan Foreign Minister, father Miguel D'
Escoto, stated that "the incident indeed happened last Tuesday."What happens -he said- is that the Costa Ricans have a right of navigation on
the San Juan according to the Canas- Jerez Treaty. But, because in that area
there are counterrevolutionary bands, we have asked the Costa Ricans to notify
when they are going to cross the San Juan".
He added that: "it is not that we want to ignore their right to navigate the river,
but simply that they notify us, as Hondurans do when they navigate on the
Coco river, so as to avoid accidents like the one of the previous Tuesday".
Minister speaks
"I believe that sorne Nicaraguan authorities are uninformed of the treaties
between our country and Nicaragua", said the Minister of Public Security,
Carlos Arguedas, when he referred to Nicaragua's conditions established for
Costa Rican vessels to navigate in the San Juan River.
Those authorities need to be reminded of the Canas-Jerez Treaty, he added,
which grants Costa Rica the right to navigate in the San Juan River.
Regarding the events of last Tuesday, when a Sandinista patrol shot very close
to a boat with a group of officiais from the Ministry ofHealth, the Minister said
that he would not allow similar situations to happen again.
He also said that, it is now a policy of his governmental office, to intensify
surveillance in the zone to ensure the full protection of the people that live in
the region. But he specified that the guards would not be heavily-armed, but
they would rather be equipped with a good communications system.
Mr.Arguedas did not specify how many men would be sent to the border zone.
He also said that it is necessary to protect those people's tranquility, as he also
asked Costa Ricans to remain calmed.
He reiterated that Costa Rica has the right to navigate in the San Juan, and no
one is going to " take it away from us ".
Alarm
Officiais from the Ministry of Health, recently said that there is a climate of
true fear among the people ofthe zone of the mouth of the San Juan, as a result
of the armed actions of the Sandinista Anny personnel posted in the region.
Because of this situation, the Minister of Health, Doctor Carmelo Calvosa,
ordered an investigation, because on three previous occasions' personnel of his
institution experienced similar situations.Acknowledgement
In our country, the Nicaraguan Foreign Minister, Miguel D' Escoto admitted that
Nicaraguan border personnel attacked Costa Rican vessels in the San Juan River.
He said the situation to be regrettable, and that today he woul<;ilnform authorities
of his country the facts as soon as he arrives in Nicaragua, to lay down the
corresponding responsibilities.
D' Escoto met yesterday for several hours with the Minister of Foreign Affairs,
Dr. Bemd Niehaus, and with the Minister of Public Security, Carlos Arguedas,
and he had lunch with the President of the Republic, Lie. Rodrigo Carazo.
Costa Rican officiais explained to him their points of view conceming the
incidents.
D' Escoto insisted on the need to establish an information system to keep the
necessary contact between authorities ofboth nations, to avoid incidents like the
ones that just happened.
The Nicaraguan Foreign Minister reaffirmed that under no circumstance there
has been hostility from his country to Costa Rica. "We are in the best disposition
to take the necessary actions to correct the errors made".
( ..)
Carazo
On the other hand, after having lunch with D' Escoto and the other Central
Arnerican Foreign Ministers, President Carazo said that under no circumstance
our country would allow the violation of our sovereignty, and that the
Govemm'entwould be steadfast on this.
He commented that yesterday he met with the directors of the Civil Guard, with
whom he analyze the possible measures to take at the border to protect our
sovereignty.
The president said that under no circumstance, he is willing to coordinate any
activity at the border, because the border treaties are clear and they permit Costa
Ricans to navigate in the San Juan river.
However, said President Carazo, we believe that we can talk things over to avoid
problems, if they should persist.
(...) Annex 112
"Foreign Affairs Minister says that the Canas-Jerez Treaty is unquestionable"
in La Nacion, San José,9 November 1980 TRANSLATION
FOREIGN AFFAIRS MINISTER SAYS THAT THE CANAS-JEREZ
TREATY IS UNQUESTIONABLE
LA NACION, San José, Sunday 9 November, 1980
Foreign Affairs Minister, Dr. Bemd Niehaus stated that Costa Rica will not
allow its sovereign rights to be conditioned regarding the treatyf limits with
Nicaragua called the Canas-Jerez Treaty which is unquestionable and serves as
the basis for the border relationship between the two parties.
The government of Nicaragua- added Niehaus- through its Foreign Affairs
Minister, Miguel D'Escoto, regretted the events that had occurred and assured
the Costa Rican authorities that he would take immediately the necessary
measures for the situation not to repeat itself.
Niehaus commented that D'Escoto said that responsibilities will be established
upon his return to Managua.
He added that the Nicaraguan Foreign Affairs Minister was clear in stating that
these incidents are deplorable, harm the good relationship between both nations
and that his country never intended to coordinate the navigation on the San
Juan River.
Conflict
The causes of the border dispute between Costa Rica and Nicaragua are related
to the machine gun shooting of a Costa Ricans vesse! transporting officiais
from the Ministry of Health by a Sandinista patrol.
This provoked a reaction by our authorities who requested that Nicaragua
explain the actions that occurred as weil as instruct their military in the region
to respect the free navigation on the San Juan River.
Treaty
In its article six, the treaty of limits between Costa Rica and Nicaragua states
the following: "The Republic ofNicaragua shall have exclusive!y the dominion
and sovereign jurisdiction over the watersof the San Juan river from its origin
in the Lake to its mouth in the Atlantic; but the Republicof Costa Rica shall
have the perpetuai rightof free navigation on the said waters, between the said
mouth and the point, three English miles distant from Castillo Viejo, saidnavigation being for the purposes of commerce either with Nicaragua or with
the interiorof Costa Rica, through the San Carlos river, the Sarapiqui, or any
other way proceeding from the portion of the bank of the San Juan river, which
is hereby declared to belong to Costa Rica. The vessels of bath countries shall
have the power to land indiscriminately on either sideof the river at the portion
thereof where the navigation is common; and no charges of any kind, or duties,
shall be collected unless when levied by mutual consent ofboth Govemments."
Unaware
Regarding this last point, Foreign Affairs Minister Miguel D'Escoto stated,
while in our country, that he was unaware that the officiais on the southem
border ofNicaragua were charging 7 colones for a l00 lbs sack of corn or beans
that would be taken out of Costa Rica through the San Juan, and force them to
go to the Nicaraguan river bank to pay that tax.
Award
Additionally, there is the award signed by the president of the United States,
Graver Cleveland in 1888, that establishes that our country has no right to
navigate with vessels of war on the San Juan River but it may do so with
revenue service vessels.
Also, as an additional point, it states that Nicaragua is subject to requesting our
country permission if it desires to build a canal, taking advantage of the San
Juan River.
Guards
On his part, the Public Security Minister, Carlos Arguedas Le Franc, reported
that the institution under his command sent four rural guards to the border area
in order to investigate the incident.
He added that he would not be sending more men since he considered that the
conflict would be resolved with the good faith ofthe Nicaraguan authorities, as
weil as the participationof Foreign Affairs Minister D'Escoto who assured that
the events that occurred bad been regrettable. Annex 113
"New protest to Nicaragua" in La Nacion,
San José,Il June 1982 585
TRANSLATION
NEW PROTEST TO NICARAGUA
LA NACION, San José, 11 June, 1982
For the second time in one week, yesterday the Government of Costa Rica sent
a note of protest to the Nicaraguan Government for the "violation to the free
navigation right on the San Juan river, that is categorically and perpetually
guaranteed this country."
This was stated by the Minister of Foreign Affairs, Lie. Fernando Volio, in a
Note addressed to the Nicaraguan Junta, presented to the Chargéd' Affaires,
a.i., Lie.scar Ramon Téllez.
Volio sent a noteof protest last Tuesday to the same official, after the incursion
of members of the Nicaraguan anny in Upala, Los Chiles and San Carlos
during the last two weeks of May was verified. According to what was said at
the time, the militaries where looking for antisandinista groups.
Severa! weeks ago, the Ministry of Public Safety started a control and search
procedure at the Nicaraguan border zone. Police surveillance in Conventillos,
Penas Blancas, La Cruz, Santa Cecilia and other towns was triplicated, and
members of the Police Force and the Rural Police were mobihzed.
This time
Minister Volio explained that, Mrs. Emilia Gamboa, manager of the "Swîss
Travet Service, S.A:" travel agency, filed a cornplaint before the Minister for
Public Security, Lic.Angel Edmundo Solano.
The manager explained that last Sunday, an agency boat headed for Puerto
Viejo with 10 tourists was intercepted by a Sandinista patrol.
The patrol "forced our tourists to get off the boat and show their belongings".
After speaking to the passengers and the boatman for severa! hours, "they told
our employee that he should notify the head office that as of yesterday, Costa
Rican vessels were prohibited from navigating the San Juan River, in particular
with American and European tourists."
The incident reported by Mrs. Gamboa, said Minister Volio in the Protest Note,
is very serious because it affects the rightree navigation that is categorically
and perpetually guaranteed to Costa Rica. Also, he said, "because it goes
against our financial interests "."Therefore, 1protest that incident on behalf of the Govemment of Costa Rica",
said the Minister.
He added that Costa Rica asked Nicaragua to take "the necessary and urgent
measures to sanction the rnembers of the patrol", and prevent similar situations
from occuring in the future.
Another one
However, the Ministry of Foreign Affaires infonned that after sending the note
another incident with the same patrol, "that refused to identify itself and
threatened to block the way of any boat with tourists ", occurred on Sunday.
Once more, Volioexpressed "his discomfort for this new violation to the border
treaty with Nicaragua."
At the same tirne, the Nicaraguan Embassy expressed its concem to the
Minister caused by these denunciations, and promised to send complete
information on the events as soon as possible. Annex 114
"Free passage along the San Juan River is demanded"
inLa Nacion, San José,16 June 1982 TRANSLATION
FREE PASSAGE ALONG THE SAN JUAN RIVER IS DEMANDED
LA NACION, San José, Wednesday 16 June 1982
Costa Rica demanded that Nicaragua allow her national vessels free passage
along the San Juan River, according to a statement made by the Minister of
Foreign Affairs, Fernando Volio Jimenez, following a meeting with the
Nicaraguan Deputy Foreign Minister, Victor Hugo Tinoco.
Both met at the Ministry of Foreign Affairs (more commonly known as the
"Yellow House") in order to analyze the reports our country has made regarding
Sandinista soldiers entering national territory and in regard to the restrictions
the authorities ofthat nation have imposed on the navigation of national vessels.
According to Volio, the latter problem is the most serious since this prohibition
disrespects the Caftas-Jerez Treaty which establishes the limits between the two
countries. 1twas subsequently ratified by the Cleveland Award.
The foreign minister explained that boats with îndividuals from the Sandinîsta
army have intervened the free passage of Costa Rican vessels, especially those
of the Swiss Travet Agency company, which transports tourists from the mouth
of the Sarapiqui River to Barra del Colorado.
"Costa Rica- Volio said- will not even allow our right to free navigation along
that river to be called into question".
Nonetheless, deputy foreign minister "Tinoco assured him that Nicaragua is not
preventing Costa Ricans from using that waterway.
However, he added that when national vessels navigate along the stretch of the
river that corresponds to Nicaragua, that nation will exercise her sovereignty
and will apply her laws.
Volio, for his part, declared that any interference made regarding national
vessels will be considered a hostile act and our country will ensure her
sovereignty is respected.
Commission
At yesterday's meeting it was agreed that a mixed commission would be set up
within 10 days and its main aim will be to analyze the reports made by CostaRica regarding Sandinista elements entering their national territory, as weil as
other border problems.
Volio insisted, however, that the matter of the navigation of national vessels
along the San Juan would not be discussed under any circumstances.
The commission, the official added, will analyze in greater depth the înquiries
regarding the Costa Rican reports.
On the other hand, Volio said that they expected clear and categorica\ wrîtten
confirmation that Nicaragua had investigated these daims in detail.
"1 expect greater clarity and a change of attitude on behalf of the Nicaraguan
authorities on the border. They should know that the border area cannat be used
as a port of entry or punishment for anyone, because that is what diplomatie
channels are for.
Finally, Volio considered the meeting held yesterday wîth the Nicaraguans to
discuss this problem as a positive one. Annex 115
"N icaraguans announce control on the San Juan"
inLa Naciim. San José, 17 June 1982 589
TRANSLATION
NICARAGUANS ANNOUNCE CONTROL ON THE SAN JUAN
.LANACION, San José,Thursday 17 June 1982
The Nicaraguan govemment is prepared to control the navigation of Costa
Rican tourist vessels on the San Juan River, according to its deputy foreign
minister, Victor Hugo Tinoco, and this was confirmed by Yadira Lopez, the
cultural attachéof the Nicaraguan Embassy here.
Mr. Tinoco met with the Foreign Affairs Minister, Fernando Volio Jimenez, last
Tuesday to discuss the problems that have arisen on the Northern border over
the past few weeks.
They decided to set up a special mixed commission that will analyze the reports
of Sandinista factions entering our territory. However, deputy foreign minister
Tinoco later announced that it will also discuss the matter of navigation on the
San Juan River.
Minister Volio declared that the commission will not study the problem of
navigation along the abovementioned waterway since Costa Rica does not
accept "that our right of free navigation along the San Juan should even be
. d"
questtone .
Minister Tinoco stated that he discussed with Volio the matter of custorns and
police control that Nicaragua has established- in particular, that of the entry of
foreigners via companies that transport tourists along the river.
He added that surveillance was imposed to determine the activities of persons
acting against the governrnent. "1 hope that Costa Rica comprehends the
purpose of this measure", he pointed out.
He further added that this measure does not mean the right to free navigation
will be restricted, since the decisions adopted were made to safeguard the
country's security.
Treaty of limits
The Canas-Jerez treaty of limits, signed by both countries in 1858, establishes
in its sixth article:
That Nicaragua shall have exclusively the dominion and suprerne control over
the waters of the San Juan River, from its source in the lake to its mouth in theAtlantic; but the Republic of Costa Rica shall have the perpetuai rights of free
navigation in the said waters from the said mouth -in the Atlantic to three
English miles before reaching Castîllo Viejo, for the purposes of commerce;
whether with Nicaragua or with the interior of Costa Rica, via the San Carlos
or Sarapiqui rîvers, or any other waterway coming from the part where the
shore of the San Juan is settled as belonging to this Republic.
"The vessels of either country may come to indiscriminately on the shores of
the river at the part where the navigation is common, without any kind of taxes
being charged, unless they are established in common accord between the two
Governments."
Facio
The former Foreign Affairs Minister, Gonzalo Facio, recalled that during his
term of office at the Ministry of Foreign Affairs during the governments of Jose
Figueres and Daniel Oduber, there were similar problems with the Government
of Nicaragua, when Anastasio Somoza was president.
According to Facio, "free navigation is free navigation and that means our
country has that right over the San Juan River, according to that established in
the treaty of limits.''
He added that any restriction imposed by Nicaragua would be ·adeniai of the
free navigation, and would thus mean the Canas-Jerez treaty was not being
complied with.
Facio declared that Nicaragua's idea of police and customs control of tourist
vessels transporting foreigners bas no legal basis whatsoever. Annex 116
"Problems on the San Juan River continue"
in La Naciôn, San José,4 July 1982 TRANSLATION
PROBLEMS ON THE SAN JUAN RIVER CONTINUE
(Extra ct)
LA NACION, San José, Sunday, 4 July, 1982
Problems regarding the free navigation of Costa Rican vessels along the San
Juan River continue to persist, according to Foreign Affairs Minister, Lie.
Fernando Volio Jimenez.
The official explained that the Nicaraguan authorities subject national vessels
to a sort of customs inspection which violate the treaty of limits ratified by both
countries.
At the beginning of last month, our Foreign Affairs Ministry sent two letters of
protest to the Nicaraguan government. One of them in response to the alleged
raids by the Sandinistas on the national territory and the other, due to
restrictions imposed on Costa Rican vessels to navigate on the San Juan.
This prompted the Nicaraguan Vice-Minister of Foreign Affairs, Victor Hugo
Tinoco to come to our country in order to analyze the border problems with
Lie. Volio Jimenez.
During the meeting, it was agreed to form a Joint Commission that would
analyze Costa Rican complaints regarding Sandinista incursions as weil as
locate milestones along the border.
Volio emphasized that our country would not discuss "any issue related to
topics related to the unquestionable and perpetuai Costa Rican rights of free
navigation on the San Juan River, established in the Caiias-Jerez Treaty of 1858
and reiterated in the Cleveland Award of 1888".
Problems
As it has been informed, Costa Rican vessels transporting tourists on tours
through the San Juan River were subject to inspections by the Nicaraguan
authorities.
Apparently this was very strict and upset the national businessmen, who filed
a protest at the Foreign Affairs Ministry.According to Vice-Minister Tinoco, such vigilance is exercised in order to
prevent enemies of the Nicaraguan government from entering the country
taking advantage of the tours.
After the meeting between Volio and Tinoco, apparently the existing tension
lessened and the national vessels are now able to travet on the San Juan; but
still subject to the alleged customs inspection by the Nicaraguans.
In the last weeks four trips have taken place and, according to the national
businessmen, the situation has improved substantially.
Nevertheless, Minister Volio warned that the demands set forth by our
government demanding the free navigation, have not been completely fulfilled
and that he has reiterated it to the Nicaraguan ambassador in our country,
Roberto Leal. Annex 117
"Nicas confiscate material from joumalists on the San Juan"
in La Nacion,San José,24 February 1983 TRANSLATION
NICAS CONFISCATE MATERIAL FROM JOURNALISTS ON THE
SAN JUAN
LA NACION, San José, 24 February, 1983
Armed Sandinista authorities confiscated the notes and recorder of two
journalists navigating on the San Juan River.
Edgar Fonseca, journalist for La Nacién and Jose Angel Moya, director of a
San Carlos news radio station were forced to hand in their rnaterials to the
Nicaraguan authorities who alleged security reasons.
In addition, Mario Castillo, photographer for this newspaper, was cornpelled to
hand over his camera film, despite the objectionsof the journalists.
All were traveling to the border regionin order to confirm a series of abuses
that the Sandinistas allegedly commit and which had been frequently
denounced by the residents.
Tour
The joumalists traveled yesterday along the mouth of the Sarapiqui River up to
the San Juan on a boat steered by Jorge Gamboa Marin and Eugenio Hernandez
Alvarez.
When they reached the mouth at around 12:30 pm they had to comply with a
disposition established by the Nicaraguan authorities, whereby any person that
navigate the San Juan must identify themselves at a post they have there.
When they reached that point, the Sandinistas registered the mernbers of a
group of North Arnerican tourists taken to the area by the local company Swiss
Travel.
This company must always stop the vesse! for its passengers to be examined by
the Nicaraguans. This has occurred for sorne time now.
When the Sandinistas spotted that the photographer from La Naci6n was taking
pictures of the area, he was warned that he had to hand over his film.
Meanwhile, joumalist Moya, had his tape recorder confiscated which he uses
for his news program. His colleague Fonseca was forced to turn in his notes.He even had to turn over the notes from an interview with the head of the
Nicaraguan military in that area Juan Carlos Urey.
During that interview, Urey stated that they will continue to control the
navigation on the San Juan under orders from Managua.
The Sandinistas possess an important military garrison in that area. It is
estimated that at }east 100 soldiers were mobilized into the area with modem
machine guns.
In the meantime, Costa Rican residents cornplain about the treatment they
receive from the Nicaraguan authorities and argue that "now the free
navigation treaty has no value". Annex 118
"Foreign Affairs Ministry will protest again to Nicaragua''
in La Naci6n, San José,7 March 1983 TRANSLATION
FOREIGN AFFAIRS MINISTRY WILL PROTESTA GAIN TO
NICARAGUA
LA NACION, San José, 7 March, 1983
Based on the narration of joumalists from La Naci6n who traveled to the ·
northem area of the country and in the problems they faced there, Foreign
Affairs Minister, Lie. Fernando Volio Jîmenez, will protest again to the
Govemment ofManagua in the upcoming days.
This will be the thirteenth note of this type presented by Lie. Volio Jimenez
since last June. None as of yet, have been answered.
However, the Foreign Affairs Minister bas said that every time that it is verified
violations to the national territory by the Sandinistas, or also, the free
navigation of Costa Rican vessels on the San Juan River is interfered with, he
will protest.
This will be done with the purpose to accumulate a file that, at sorne pointn
time, will be sent to an international organism not yet mentioned, which will
analyze the border problems between bath nations.
The tour taken byjoumalists Edgar Fonseca from La Naci6n, Jose Angel Maya
from La Voz de San Carlos as well as the photographer from this newspaper
Mario Castillo to the San Juan region was done as a result of the constant
complaints from area neighbors who stated that they are subject to ali sorts of
arbitrary actions by the Sandinista military.
The journalists bad an incident with the Nicaraguan border authorities who
confiscated their notepads, film and a cassette.
In addition, they were able to verify that beginning at 6 p.m. the Sandinista
-guards do not allow anyone to circulate on the San Juan River and whoever
does it, doesso under their own responsibility and at their own risk.
They also verified that any Costa Rican who wants to travel between the rnouth
of the San Carlos and Sarapiqui rivers to reach Barra del Colorado in the
Atlantic bas to request permission to do so and allow to be searched. Whoever
does not comply with these measures runs the risk ofbeing shot at.
The Sandinistas claim that these security measures are being taken due to the
imminence of an attack against its govemment. Annex 119
"Today will take place a high leve! meeting with Nicaragua"
inLa Nacion, San José,4 April 1983 TRANSLATION
TODAY WILL TAKE PLACE A HIGH LEVEL MEETING WITH
NICARAGUA
(Extract)
LA NACION, San José,Monday April 4, 1983
High-level delegations from Costa Rica and Nicaragua will meet today in San
Juan del Sur (Nicaragua), to discuss the existing problems between both
countries. This is the first meeting of this category, after the one that took place
last June in the Casa Amarilla, in San José.
In that occasion, the Minîster of Foreign Affairs, Lie. Fernando Volio Jiménez,
conversed with the Nicaraguan Vice Minister of Foreign Affairs, Victor Hugo
Tinoco, to analyze, in part, according to official sources, sorne of the problems
that will be discussed today.
Conceming the agenda which will be known, Costa Rica proposed the analysis
ofNicaragua's interference in the free navigation ofnational vessels in the San
Juan River.
Costa Rica also proposed to analyze the incursions of mernbers of the
Sandinista Army (EPS) in our territory and the delimitation of the border line,
which is already being done.
Nicaragua thought considered convenient to establish methods to improve the
relations between both countries. Also, to discuss the presumed action of
elements that are against the Govemment, who work in Costa Rica to attack
that nation.
(..) Annex 120
"Meeting with Nicaraguans failed"
inLa Republica, San José,5 April 1983 TRANSLATION
MEETING WITH NICARAGUANS FAILED
LA REPÛBLICA, San José,Tuesday, April 5, 1983.
SAN JUAN DEL SUR, NICARAGUA (by José Luis Fuentes). Yesterday' s
meeting between govemment delegations of Costa Rica and Nicaragua was
considered a complete failure.
Such qualification was given due to the fact that the meeting did not bring
positive results to improve the relations between both countries. Furthermore,
the most important topic of discussion, which was the right of free navigation
in tbe San Juan river, was taken out of the agenda, since neither of the
delegations yielded, and held on to their original positions.
Minister Fernando Volio said, at the end, in a press conference, that in the
absence of any positive results from the meeting, the people of Costa Rica
should join around President Monge.
Although it was not recorded as a deliberate statement, the Minister vaguely
inferred the possibility oftaking this issue before the OrganizationAmerican
States (OAS).
The most prominent agreements in this meeting were the reactivation of two
joint committees to discuss the delimitation of the border, and the problem in
the San Juan.
There were also sorne conversations, without reaching any agreements, about
economie aspects, the violation of our sovereignty with the incursions of
Sandinistas, and the possible training of counterrevolutionaries in the Costa
Rican border area.
Nicaragua offered to negotiate with its fellow countries, the commercial
treatment with Costa Rica. With respect to the incursions, the Costa Rican
delegation denounced the existence of 86 violations of the national sovereignty.
Regarding the use of Costa Rican territory to prepare what anti Sandinistas cali
a possibleSouthem front, the Costa Rican delegation informed that only 8 have
been confirrned, and that 64 persons were captured in 5 year old carnpsites, 28
of which had guns and on!y 22 werc indictable.The Costa Rican delegation was clear in stating that there is total control ofthe
border zone, which takes a lot of sacrifice at a cost of 15 million colones.
The meeting was convoked to discuss an agenda with 5 points, which include
the delimitation of the border, the incursions of the Sandinista army in Costa
Rican territory, the free navigation in the San Juan River, the existence of
counterrevolutionary elements, and the improvement of the relations.
After the meeting, the Minister of the Interior, Tomas Borge, gave an official
statement to the press, in which he pointed out the coïncidence of both
countries willing to make important efforts to improve their ties.
He said that it bas never been the intention of the Sandinista govemment to
affect Costa Rica' s sovereignty, and that there is "political will" to stop the
mistakes of those incursions.
Borge said that Nicaragua considers they should have control of the San Juan,
for security reasons, but he emphasized the respect for the CafiasaJerez Treaty,
ratified by the Cleveland Award.
Lie. Fernando Volio, who headed the Costa Rican delegation, mentioned that
Costa Rica is being hindered from exercising its right of free navigation, and
he pointed out vessels and people have been detained, as weil as the prohibition
to navigate after 6 p.rn.
There was a proposai from Nicaragua to sign a friendship and nonaggression
pact between both countries, but Costa Ricans considered it a new issue that
was not included in the agenda, and therefore decided to inform President Luis
Alberto Monge.
There was communiqué or joint press conference, but at the end of the day
Minister Voliogave a press conference in Costa Rican territory. After a specifie
question, he said that nothing in the outcome of the meeting will improve the
relations between both countries. Volio handed over severa! documents in
which he states that Nicaragua' s conduct in the San Juan is unlawful, and he
showed details of the delimitation. Annex 121
"Nicaragua guarantees freedom on the San Juan River"
in La Repuhlica, San José, 15 April 1983 TRANSLATION
NICARAGUA GUARANTEES FREEDOM ON THE SAN JUAN
(Extract)
LA REPÙBLICA, San José, Friday, Aprill5, 1983.
Nicaragua will allow unrestricted free transîtin the San Juan River.
Dr. Sergio Ramirez Mercado, mernber of the Govemment Junta ofNicaragua,
made the announcement in the meeting with First Vice President of the
Republic, Alberto Fait in that city, and he then ratified it in a press conference,
after a question from LA REPÙBLICA.
The delegations from Costa Rica and Nicaragua met in the hotel Las Espuelas,
and reached concrete agreements, which they surnmarized in a joint statement.
Agreements
These were the main agreements:
1) Continue with the efforts to normalize the Common Market.
2) Strengthen the Central American Integration Bank.
3) Nicaragua agreed to document its debt with Costa Rica for 90.6 million
dollars.
4) Business relations between both countries will increase.
5) Costa Rica will continue selling electricity to Nicaragua.
6) Nicaragua ratified its will to obey the terms established by the Caftas-Jerez
Treaty and the Cleveland Award (navigation in the San Juan River).
7) Costa Rica reiterated its neutrality and Nicaragua reiterated their respect for
Costa Rica's political system.
(..) Annex.122
"Ramirez offers graduai respect to navigation on the San Juan River"
in La Naciôn,San José, 15 April 1983 TRANSLATION
RAMIREZ OFFERS GRADUAL RESPECT FOR NAVIGATION ON
THE SAN JUAN
(Extracts)
LA NACION, San José,Friday, 15 April, 1983.
Liberia - Dr. Sergio Ramirez Mercado, member of Nicaragua's National
Reconstruction Junta, announced yesterday here, in a meeting with delegates
from our Govemment, that his country will respect gradually the right of free
navigation of Costa Rican vessels in the San Juan River.
The official added that within a non-specified term, they would totally obey the
provisions of the Canas-Jerez Treaty and the Cleveland Award, which allow
Costa Rica the free navigation on that waterway.
Ramirez Mercado headed a large Nicaraguan delegation that met for three
hours, in the hotel Las Espuelas, in Liberia, with Costa Rican officiais, headed
by First Vice President, Eng. Alberto Fait Lizano.
This is the second meeting between representatives ofboth countries in the last
two weeks, after eight months of constant verbal confrontations, which have
tensed the relations between both countries.
The first meeting was held last 4 April, in San Juan del Sur, in Nicaraguan
terrîtory. The Nicaraguan delegates were, among others, the Minister of the
Interior,Tomas Borge, and
Vice Minister of Foreign Affairs NoraAstorga. The Costa Rican delegates were
the Minister of Foreign Affairs, Fernando Volio Jiménez,the Minister of Public
Security, Angel Edmundo Solano, and the Minister ofGovemance, Dr. Alfonso
Carro Zûii.iga.
On that occasion, Nicaragua reaffirmed Costa Rica'sright of free navigation in
the San Juan, but wamed that they would continue controlling the passage of
national vessels.
(..)
Again, Ramirez guaranteed Costa Rica' s the.right of free transit in the San
Juan. Borge had done so on April 4. Foreign Minister Volio Jiménez has
repeatedly said that this is the main difficulty in the relations between both
countries.
(..) Annex 123
"Conflict with the Nicaraguans due to tourism on the San Juan"
in La Republica, San José,5 March 1994 TRANSLATION
CONFLICT WITH THE NICARAGUANS DUE TO TOURISM
ON THE SAN JUAN
(Extract)
LA REPÛBLICA, San José,Saturday, 5 March, 1994
Costa Rica will go to the International Court of Justice
While the Costa Rican Foreign Affairs Minister insists that the measure is
unacceptable, the Nicaraguan Ambassador referred to the Canas-Jerez Treaty
and argued that tourism is not a commercial activity and, thus, passage through
the river must be paidfor.
Nicaragua ratified, on Friday, its sovereignty over the San Juan River which
borders Costa Rica and announced that it would exercise the corresponding
immigration controls to tourism on the waterway, according to Jose Pallais, the
Vice-Minister of Foreign Affairs in Managua, who considered the measure
imposed by the immigration authorities of charging five dollars per person for
tourist navigation as legal.
Given this decision, the Costa Rican govemment demanded to investigate the
fee being charged by Nicaragua to tourists traveling along the San Juan River.
The President of the Republic, Rafael Angel Calderon,. affirmed that Costa
Rican did not agree with Nicaragua 'sposition, because if free transit on the San
Juan River had been established, it referred to ali Costa Rican vessels.
He also requested Foreign Affairs Minister Bernd Niehaus to speak with his
Nicaraguan counterpart "in order to try to reach an agreement through dialogue
and conviction".
"lfwe. do not reach an agreement, the next Administration will have to present
a daim at the International Court of Justice which we hope will not be
necessary", manifested the head of state.
He added that the neighboring country must take advantage of the tourism that
arrives in our country in order to expand that activity and turninto a source
of income for its population.
On his part, Bernd Niehaus stated that said measure was unacceptable and that
commerce obviously includes tourist activity."This decision violates the border treaties that defend the clear and absolute
principle of free navigation, and we will make the necessary contacts with the
Nicaraguan govemment in order to reachan agreement regarding this issue,
based on the fratemal relatlonship that both countries have always maintained",
stated Niehaus.
He added that it is inadmissible that in the 20th century national and
international tourism not be considered an important activity in modern
commerce.
Alfonso Robelo, Nicaraguan ambassador to Costa Rican stated that "I
obviously respect the interpretation made by Foreign Affairs Minister Niehaus,
but my country makes a sovereign interpretation of the Canas-Jerez Treaty,
since when it was signed tourism did not exist; and commerce was foreseen as
an exchange ofmerchandise".
In this point, Robelo insisted that the touristsan who travels in order to
visita region and it is not merchandise. Thus, tourism cannat be considered as
an act of commerce.
"Nor is there a dispute with Costa Rica; and we respect the interpretation made
by it. However, we know that any difference can be resolved in the best
possible manneras we have always done".
Upon insisting that this issue concerns the Foreign Affairs Ministry,
Govemance Vice~Mini Esdtaro Araya Vega, stated that his ministry and
particularly the Rural Assistance Guard is prepared to attend to any event that
may occur.
In addition,e accepted that on different occasions he has received reports
about tense situations caused by the b~ins gharged to tourists.
An old treaty that is still valid
According to thCaiias~ Jrertezubscribed last century, Costa Rica has the
right of navigation only for commercial purposes, on the stretch that borders
Nicaragua.
Upon justifying the charges, Vice- Minister of Foreign Affairs, Jose Pallais,
according to AFP and ACAN-EFE wires, reminded that Nicaragua did not
acknowledge tourism on thean Juan as an act of commerce. He also informed
that his govemment has a border marking planof its common frontier with
Costa Rica, and that, in principle,s foreseen to place milestones in an area
of 37 kilometers of the 178 that cover the land border, according to data
provided by Claudio Gutierrez, director of the Nicaraguan Institute for
Territorial Studies (INETER).In order to mark the common border, Nicaragua and Costa Rica are requesting
$300,000 in financing from Rolland.
Pallaîs explained that two weeks ago, the government ofNicaragua established
an immigration card and a fee of $5 for a visa to foreigners that enter his
country through the San Juan River, which provoked the irritation of the Costa
Rican authorities.
"Each country is free to adopt any type of measures in its own territory and
Costa Rica bas no reason to protest a Nicaraguan decision, just as we respect
the ones they make", stated Pallais.
However, he discarded that the measure would provoke tension regarding the
bilateral relationship between both countries which he referred to as
"excellent". He also indicated that the measure is part of the govemment
strategy to "strengthen our presence and control" on the southeast region.
(...) Annex 124
"Ticos were machine-gunned at the San Juan River"
in La Naciim,San José,8 March 1994 TRANSLATION
TICOS WKRE MACHlNE-GUNNEDATTHE SAN JUAN RIVER
LA NAClON, San Jose, Tuesday, 8 March, 1994
The presidential delegate in Sarapiqui, Norman Scott Chinchilla, and ten other
persons were machine-gunned by Nicaraguan o:fficers, last Sunday, at 2:45
p.rn., while they were navigating in the San Juan River, on an educational
ffilSSlOn.
"One of the Nicaraguan officiais acted like a real bully", Scott told La Naci6n
in an interview held in his bouse in Barva de Heredia.
This incident became known and an expert in International Law, Carlos Vargas
Pizarro, wamed that the $ 5 per person charged to those who navigate in the
San Juan, is a "serious danger" to our sovereignty.
"It is urgent that the Govemment makes an emphatic protest to Nicaraguan
authorities, because otherwise, they would tacitly waive their right of
perpetuity in the San Juan River",
said the expert.
In the meantime, President Rafael Angel Calderon Fournier said: "We shall
solve this throughdialogue."
The president said he would seize the opportunity of the visit of the Nicaraguan
President, Violeta Barrios de Chamorro, next April 27- when she will visit (
Costa Rica) to inaugurate a park in Zapote- to " discuss this matter personally
"
This conflict with Nicaragua arose two weeks ago, when they began to charge
$ 5- per person- to navigate in the San Juan River, a natural border with Costa
Rica.
On the other band, the Minister of Foreign Affairs, Bemd Niehaus, bad a
telephone conversation with his Nicaraguan colleague Ernesto Leal, who said
that this $ 5 fee is only forhe Nicaraguan river bank."
"If this is so, we must admit that it is part of Nicaragua's jurisdiction", said
Niehaus.
Conceming the shooting, Leal said he was not aware of the incident, but he said
he would find out, added the Minister.However, the presidential delegate that was gunned, insisted yesterday that the
$5 are charged "without distinction, even to Costa Ricans that live on the
margins of the San Juan."
Machine-gunned
Scott Chinchilla and other ten Costa Ricans, traveled along the San Juan last
Saturday moming to distribute school supplies, desks, and didactic material for
Costa Rican schools
in Barra del Colorado.
On their way back, at 2: 45 p.m. last Sunday, the group was traveling in three
boats, one of which had mechanical problems. At that time they were attacked
in a place known as Delta del San Juan.
"Ali of a sudden they shot two bursts at us, with an AK-.47 machine-gun, and
made us get doser. They treated us very badly: one officer said he could
perfectly kill me", said Scott. Annex 125
"Problem with Ticos solved"
in La Prensa, Managua, 8 March 1994 TRANSLATION
PROBLEM WITH TICOS SOLVED
LA PRENSA, Managua, Tuesday, 8 March, 1994
C.R. recognizes Nicaraguan right to charge taxes in the San Juan River
The daily newspaper in San Jose, La Republica, cited its Minister of Foreign
Affairs, Bemd Niehaus, as stating that Costa Rican authorities recognize the
right of Nicaragua to charge a US$5 tax to tourists who travel the San Juan
River.
During the Jast days, the diplomatie authorities from both countries have been
in contact to try and smooth over a slight diffeŒnce that arose after Nicaragua
decided to charge US$5 to tourists who travel the waters of the San Juan River.
The Costa Rican President, Rafael Angel Calderon, had even threatened to take
the case to the International Courtf Justice in The Hague if Nicaragua did not
eliminate the tax; however, the Costa Rican authorities have backed down from
this action and recognized that Nicaragua's decision to charge the tax is
completely legal.
The Jerez-Caftas Treaty, signed by both countries, grants Nicaragua complete
control over the aforementioned river and Costa Rica the right to navigate it
and transport merchandise from its estuary up to three miles down Castillo
Viejo.
According to the last declarations ofMinister Niehaus, Nicaragua's decision to
charge a tax does not affect or violate the border agreements between the two
countries and it was ail due to a bad interpretation whîch does not affect Costa
Rican interests.
Nicaragua bas been charging US $5,00 to tourists who cross over the three mile
limit which is where Costa Ricans are allowed to navîgate freely with their
merchandise.
Nicaragua Satisfied
The Nicaraguan Foreign Affairs spokeswoman, Claudia Paniagua, appeared
very satisfied this moming with the infonnation arriving from Costa Rica
which indicated that the authorities from the neighboring country recognized
that the recent strife was due to a misinterpretation."The declarations made by Minister Niehaus clearly show that two countries
who want to live peacefully side by side can solve their differences amicably,"
said the Foreign Affairs spokeswoman.
Paniagua said that the neighboring country's authorities could feel reassured
that Nicaragua would honor its international commitments. Annex 126
"_5 to navigate on the San Juan River"
in La Naci6n, San José, 10 March 1994 TRANSLATION
$5 TO NAVIGATE ON THE SAN JUAN
LA NACION, San José,Thursday, March 10, 1994.
Only local residents are exempt.
Nicaragua charges visitors to Costa Rican towns.
Rio San Juan (border zone with Nicaragua).There is uneasiness and fear.
Free navigation in this river, a natural border with Nicaragua, is almost non
existent.
lfyou wish to visita Costa Rican town, along the border of the San Juan, you
must first pay$ 5 in control posts of the Sandinista Army (EPS).
Only if you are a local resident or an acquaintance of Nicaraguan authorities,
you are exempt from paying that "toll".
Failure to make this payment, which has been in force approximately for 30
days, can cost you at least a fright.
And distances do not matter.
To navigate 10 meters or 20 kilometers in the San Juan - even if it is only
touching the national riverside- visitors are forced to change their course and
go to the Nicaraguan side to pay that fee.
This was verified the day before yesterday, by a group from La Nacion that
visited that border zone with Nicaragua, where boatmen and local residents
showed their uneasiness and fear for what they called an "abuse from
Nicaraguans".
Although local residents do not have to pay the $ 5, they are forced to "report
themselves" at the control posts of the Sandinista Army (EPS).
Many times they must struggle against strong currents, under torrential rains,
paddling their boats, to meet the Nicaraguan demand and avoid eventual
"reprisais".
This is the situation that Costa Rîcan peasants must face daily, like Vicente and
his father Eulalio Urbina Ruiz, who live in La Trinidad, only400 meters awayfrom Boca de Sarapiqui, who complained: "We have no one togo to with our
complaints".
''Theycan shoot their machineguns at us, that is why we must obey", declared
Eulalie.
An equal experience confronts Juan Guzmân Mena, a farmer, who says this
restriction "signifies a great danger for tourism", an economie activity very
popular in this region of the Northem zone of the country.
"What will happen is that foreigners will not retum here. The Govemment
should do something to help us", he commented.
In spite of the complaints of the neighbors, President Rafael Angel Calderon
said yesterday in the Presidential House, that "an agreement was reached
without any problems".
Pay or ...
Those who eventually refuse to pay the $5, can be exposing themselves to
dangerous situations, like the one that happened last Sunday- at 2:45p.m.- to
Norman Scott Chinchilla, presidential delegate in Sarapiqui, and anothà ten
Costa Ricans.
A Nicaraguan offtcial fired his AK-47 at the three boats in which they were
navigating clown the San Juan. They were forced to "report" before a
surveillance post located in a place known as Delta del San Juan.
That is why boatmen like Jorge Lao Jarquin, with more than 15 years of
experience transporting tourists down the Costa Rican margin of this river, do
not hesitate to stop and pay the $ 5, without uttering a protest.
This man, hired by La Naci6n last Tuesday, to sail down the river- between 8
a.m. and 2 p.m. - assured that this tax must be paid by any Costa Rican that
visits the zone, on his way to Barra del Colorado, Tortuguero or any other town
close to the San Juan.
"What is most surprising is that tourists only visit Costa Rican towns, but even
so they stiJl have to pay Nicaraguans to achieve this", said Lao Jarquin, who
lives in Puerto Viejo, and owner of tourist boat Tarca.
Among the many persons affected by this regulation, is Erich Zeist, an Austrian
whom this newspaper interviewed after he paid $ 5 in the post of the EPS, in
front.of the Sarapiqui '.The visitor wished to visit a natural trail, located only 600 meters away from
that place, on the Costa Rican side of the San Juan, but he had to change his
course and pay the "toll".
"This is another way to take money away from tourists", Zeist declared to Bret
Putnam, photographer for La Naci6n, who served as a translator during a brief
dialogue, on a boat, in the middle of the deep San Juan river.
Roberto Garcia, head of the migratory post of Nicaragua, across from Boca de
Sarapiqui (see map), just said that "high orders" from Nicaragua responded to
this payment. He did not make any further statements. Annex 127
"Tourist card affects us, the ticos say"
in Barricada, Managua, 13 March 1994 TRANSLATION
TOURIST CARD AFFECTS US, THE TICOS SAY
BARRICADA, Managua, Sunday, March 13, 1994
Interest on establishing legal tourist routes
"Migratory processes are complicated and slow", the operators express
LOS CHILES, Costa Rica - Costa Rican tourist operators seemed to be
interested in establishing legal routes towards Nicaragua through the San Juan
River, but they stated that, before that occurs, speedy migratory rnechanisrns
should be established as weil as the rehabilitation of the Nicaraguan tourist
infrastructure.
Esteban Cruz Cruz, representative of the Viajes Rio Frio Agency, expressed to
BARRICADA that the most important obstacle they face is the complicated
migratory processes, either in the Costa Rican side or the Nicaraguan's.
His agency offers tripsto Cano Negro, Costa Rican territory and to San Carlos,
in Nicaragua, "but the migratory processes are very slow and there is a lack of
streamlining," he expressed.
Cruz waived the complaints of illegal tourist incursions to Nicaragua and
pointed out that the definition of a wider bidding path for tourist packages to
Nicaragua would be beneficiai.
Population does not benefit from tourism
He pointed out that at !east in this regionf Los Chiles, tourist operators do
not enter Nicaraguan territory, illegally, "rnaybe, on the other side, in the
Sarapiqui area, people are forced to navigate across the San Juan River, but not
around here", he commented.
Cruz added that the route to San Carlos, provided it is established, would also
benefit the local commerce in Los Chiles. "Here, tourists only pass by", he
expressed. "They arrive, take the trip and then leave, but do not stay ovemight,
they just eat snack food, but the population receives little benefit from them."
This promoter considers that charge of the tourist card that Nicaragua is
rnaking is affecting mainly the Costa Ricans, "who are interested in traveling
to Nicaragua."On the other side, Oscar Gutierrez, manager of another travet agency, considers
that the ghost of the war in Nicaragua is another obstacle that depresses
tourism.
Consulate would streamline the process
Gutierrez thinks that many theborder~re claheseoccurring in relation to
the tourist activity may be remedied provided both countries establish
consulates here in Los Chiles and in San Carlos, in Nicaragua. "Also, a
migration post would be established in the mojon (boundary stone), that would
streamline our activity," he expressed. -
Both operators complained that the Costa Rican local Immigration Office is an
obstacle, but the persan responsible for the institution, Hammilton Henriquez,
refused to make any comments to BARRICADA about the border situation.
Gutierrez considered that tourist infrastructure in the San Juan River zone "is
good, but it should be restored and requires investrnent."
He pointed out that his agency could offer tourist packages towards San Carlos,
Solentiname, San Juan del Norte, Granada and even Managua, provided
Nicaragua had optimum water and ground transportation conditions and
telecommunications.
From Los Chiles, tourists mak:e4~hou trp along the Rio Frio to the area of
Cano Negro, wherein an ecological reserve is located, whose priee ranges from
eight to twenty six thousand Colones.
The excursions to Nicaragua would also start from Puerto Viejo to Sarapiqui,
where the boats cross thean Juan River to San Juan del Norte and then go
back trough the same route. Annex 128
"Costa Rica demands Nicaraguans to withdraw charge on the San Juan"
in La Repûblica, San José,17 March 1994 TRANSLATION
COSTA RICA DEMANDS NICARAGUANS TO WITHDRAW
CHARGE ON THE SAN JUAN
LA REPÙBLICA, San Jose, Thursday 17 March, 1994
Niehaus Sent a Diplomatie Note
The Foreign Affairs Minister informed that steps have been initialized to
achieve a solution to the dispute, given that the stipulationCaiias~Jerez
Treaty are being violated.
The Foreign Affairs Minister, Bemd Niehaus, demanded to the govemment of
Nicaragua to cease charging a toll in the locality of La Trinidad across from the
mouth of the Sarapiqui River along the San Juan River, since that area is
protected by the regulations of Caiias~J errat.
The Sarapiqui flows into the San Juan River and according to the stipulations
mentioned in the Canas-Jerez Treaty, Costa Rica has the right to free
commercial navigation.
He added that the govemment had begun to contact Nicaraguan authorities at
the site mentioned, but to this date had not received a satisfactory response.
The minister sent a note to the Nicaraguan ambassador in San José,Alfonso
Robelo, in which is indicated that according to the information in his
government's power, the charges are taking place.
He detailed that, due to this, he had instructed"ali of the Costa Rican
authorities at the border area initiate negotiations with the Nicaraguan
authorities there in accordance with Article sixe Canas-Jerez Treaty".
According to the Foreign Affairs Ministry, the constant problems that have
arisen due to the usef the San Juan River were the object of analysis of a
bilateraltechnical group established by an Agreement between both
governments on January 14th in San José.
Although the misunderstandings had apparently been resolved, the Foreign
Affairs Ministry states thatstill had not received a satisfactory response.
This week, Minister Niehaus had communicated with his counterpart Ernesto
Leal in order to mention the country's concems regarding the matter. Lealassured him that Nicaragua was not charging a toll on the waters of the San
Juan River that they share.
Relations with Nicaragua have been tense during this week and Cardenal
Miguel Obando y Bravo even denounced that the Agrarian Development
Institute (lnstituto de Desarrollo AgrarioIDA) was distributing land to
farmers on Nicaraguan territory. Annex 129
"Foreign Ministers will analyze transit on the San Juan"
in La Nacion, San José, 13 April 1994 TRANSLATION
FOREIGN MINISTERS WlLLANALYZE TRANSIT ON
THE SAN JUAN
LA NACION, San José, 13 April, 1994.
The Foreign Ministers of Costa Rica, Bemd Niehaus, and of Nicaragua,
Ernesto Leal, have scheduled a meeting before the change of powers in our
country (May 8), to analyze the right of free transit that Costa Ricans have in
the San Juan river, and settle several border problems.
Yesterday,when arriving at the sessionof the Govemment Council, held in the
"Casa Amarilla" - to Commemorate the 150 h anniversary of the creation of
the Ministry of Foreign Affairs - Niehaus said yesterday that the Calderon
Fournier administration will enforce respect for the Caftas-Jerez border Treaty,
signed on April, 1858, by the governments of both countries, because
Managua, he says, is "violating sovereign interests".
The dispute was caused at the beginning of last March, because Nicaraguans
decided to charge$ 5 to every person coming from Costa Rica, who navigates
on the San Juan. As a result of a note ofprotest that Niehaus sent to Nicaragua's
Foreign Ministry, the Sandinista Popular Army (EPS) decided on March 22,
that the charge would only be applied to persons from third countries, so that
Costa Ricans remained exempt.
But Niehaus repeated that he does not agree with the measure because tourism
is a commercial activity and- in his opinion- is contemplated by the border
treaty.
The Foreign Minister believes that the decision to charge a "toll" to third
persons, does not come from the Executive Power of Nicaragua, but rather
from the military sphere. For this reason, he said, this will be one of the
subjects that he will discuss with his Nicaraguan colleague in a future meeting,
whose date bas not been decided yet, because Ernesto Leal is traveling in
Europe.
The Costa Rican Government hopes to discuss the issue of the San Juan with
Nicaragua's Head ofState, Violeta Barrios, on the 27th ofthis month, when she
inaugurates the Nicaragua Park, in Zapote.622
Greater Control
At the end of March, Leal announced that the Government of Nicaragua is
preparing a program to "give more presence and control" in the zone of the San
Juan River, through an increased police surveillance and installing migratory
and customs posts along the waterway.
The press sub director ofthe Nicaraguan Foreign Ministry, David Silva, stated
yesterday-upon being consulted by La Naci6n- that this program bas not
entered in force. He also pointed out that the Vice Minister of Foreign Affairs,
JoséPalé,and a group of congressmen, visited the zone the week before last.
Silva explained that the police posts will be located in El Papaturro, El Castillo,
Delta, and Sarapiqui. The migratory and customs posts will be operating in the
first three places and in San Juan del Sur. Annex 130
"Niehaus rules out arbitration"
in La Nacion, San José, 20 April 1994 TRANSLATION
NIEHAUS RULES OUT ARBITRATION
LA NACION, San José,20 April, 1994
Navigation in the San Juan River
Costa Rica will not turn right away to an international arbitration to settle the
dispute with Nicaragua, concerning the free commercial navigation in the San
Juan River, said the Minister of Foreign Affairs of our country, Bernd Niehaus.
When he was questioned about the actions that the Costa Rican Government
could take, in case diplomatie conversations with his Nicaraguan counterpart,
Ernesto Leal, do not succeed (the meeting will take place before the
inauguration on May 8), Niehaus indicated that there could be an agreement
between Foreign Ministers, without the need for a neutra! instance to settle the
dispute.
The conflict arose because of the decision of the authorities ofthe neighbouring
country to charge- since early March- $ 5 to every persan who navigates on
the San Juan River, which partially delimits the border between Costa Rica and
Nicaragua.
Afterwards, the Government of President Violeta de Chamorro modified this
measure, after a note of protest sent by the Costa Rican Executive Power. As of
March 22, the "toll" is in force only for non-Costa Ricans.
Nevertheless, our country rejects this provision, because it considers that it
violates the right of free navigation in the river, for vessels with the national
flag, as established in the Caftas-Jerez Treaty of Limits. Managua, on the other
hand, interprets that tourism does not qualify as a commercial activity.
The most affected by this measure are the tourist entrepreneurs who use the
waterway, who must pay that tax for each foreign visitor.
Niehaus clarified that the validity of the treaty with Nicaragua for the use of the
river has never been questioned, as was suggested in the local media.
According to the Minister, Costa Ricans can exploit commercial activities -
like tourisrn - in the San Juan River route, up to a few kilometres before
reaching the place called El Castillo. However, the toll is paid in the confluence
of the Sarapiqui River with the San Juan.Congressman Edgar Ugalde, said that the meeting between the Foreign
Ministers Leal and Niehaus could drive forward a solution to the problem.
"Charging any kind of fee is not in accordance with the treaty, and modem
doctrine interprets that a river îs international ali along its course",. he
explained.
He demanded that there should be a national cornmission-integrated by
persons from differentbackgrounds-for the permanent study of border issues
with Nicaragua. Annex 131
"Border dispute with Nicaraguans"
inLa Naci6n, San José, 16 July 1998 TRANSLATION
BORDER DISPUTE WITH NICARAGUANS
(Extracts)
LA NACI.ON, San José,Thursday 16 Joly 1998
Army impedes police from navigating
• Military complains that police travel armed
Anew border dispute between Costa Rica and Nicaragua arose yesterday when
the Nicaraguan army delivered an order impeding the Costa Rican police of the
Northem zone to navigate the San Juan River with arms.
The order upset the govemment of Costa Rica which, since yesterday
afternoon, claimed its right to free navigation of that river, which is the only
route it has for providing food and relieving officers in four border posts
located between La Curefia de Sarapiqui and Barra del Colorado.
The prohibition was ordered by Colonel Orlando Talavera, head of the
Southern Military post (on the border with Costa Rica) with the support of
Nicaraguan army leaders, stated last night the press secretary from that agency,
Milton Sandoval.
"This measure was taken because our troops have detected the presence of
armed Costa Rican police navigating the San Juan River", explained the
military official.
However, the response of the Costa Rican Atlantic Command, based m
Sarapiqui, was not delayed.
In the communications ledger of Costa Rican post Delta 14, it is registered that
after the announcement of the Nicaraguan measure, an order was received from
the Sarapiqui command stating: "The Nicaraguan police is neither allowed to
touch Costa Rican soil."
A Necessary Step
Public Security Minister, Juan Rafael Lizano, told La Naci6n that yesterday
afternoon he sent a note to the Nicaraguan Minister of the Govemance, José
Antonio Alvarado explaining the need for Costa Rican Public Force to navigate
the San Juan."There are Costa Rican Police posts that are impossible to be reached by any
way other than the San Juan, and we need to do so in order to change guards
and supply our men with food."
He seemed distressed by Nicaragua's questioning of Costa Rican police
traveling armed on its waterway transit. He emphasized that the arms are
necessary for the guards due to the inhospitalîty of the area and given the
arnount of provisions being transported.
"The Canas-Jerez Border Treaty (signed on April 15, 1858) gives us the right
to navigate the San Juan River and states that the only exceptions to this are
armed ships, and in this case they are not armed ships, but in reality this is
about the arm that police use for their own safety", he stated.
He also stated that he did not know the reasons that moved the Nicaraguan
govemment to take this measure. When he was asked about unofficial versions
circulating irnplying that this was in retaliation for the increase in illegal
Nicaraguan immigrants captured, he responded: "We are doing our job; yes, we
have reinforced control measures and yes, it is true that the number of
deportees has increased."
Nevertheless, he stated that he did not have the precise data regarding the
number of daily deportations, although, based on information provided by the
Delta 14 post in Sarapiqui, between June 17 and July 14, 54 undocumented
people were detained, and on Tuesday alone, 14 more.
When questioned yesterday at noon, President Miguel Angel Rodrîguez said
that he was not aware of the situation but that Costa Ricans have full right to
navigate the San Juan River.
Only with Permission
Nicaraguan Captain Milton Sandoval stressed that the Army was clear with the
Costa Rican police in that, from now on, they must request permission from the
Ministry of Defense to transit.
He affirmed that in order for this measure to be lifted, high leve! coordination
will be required.
Yesterday Foreign Affairs Minister Roberto Rojas said that he will take
advantage of his participation in the Foreign Affairs Ministers Meeting, which
is an anteroom of a Presidential Summit in El Salvador, to dialogue this issue
with his Nicaraguan counterpart, Emilio Alvarez Montalban.
(...)Prohibition causes surprise in policemen
Northem Region. The Nicaraguan authorities prohibition for the Costa Rican
police to navigate the San Juan river took by surprised the national elements
placed in the border posts, as La Naci6n found out yesterday in a tour through
the northem border.
The lack of highways and roads in good conditions, force the rnernbers of the
Costa Rican Public Force to enter Nicaraguan waters to reach the three
vigilance posts located in Curefiita, La Tigra de Sarapiqui y Barra del Colorado,
smaiJ villages located on the rnargin of the San Juan.
"We sincerely did not expect this decision", said Froden Monge Castro, officer
of Delta 14 post, in Cureiiita.
He, as weil as the other policemen that in the police posts guard the border with
Nicaragua, travel by boat daily -from Puerto Viejo de Sarapiqui
approximately one hour and 40 minutes, before commencing their daily work.
This is so because if they tried to reach Curefi.itaby land, the trip would take
up to seven hour, by a road of traits practically impossible.
The same happens every time there are police relief from the ones that attend
the post in Barra del Colorado. Their substitutes travel on the river up to two
and a half hours, because if they had to use another route, it would take them
more than double.
"For me this is new since 1 have not seen anything abnormal", said Ramon
Mairena, whose humble wooden bouse is close by from the small post in
Curefiita.
Ismael Pérez,officer of the neighboring country, said to be hopeful that the
situation would resolve, so he could cross to Costa Rican soil to do his
shopping "on Cheo Urbina's shop'', as he has clone itin the last eight years. Annex 132
"Aleman: Ticos out"
inEl Nuevo Diario, Managua, 17 July 1998 TRANSLATION
ALEMAN: TICOS OUT
(Extract)
EL NUEVO DIARIO, Managua, Friday, 17 July, 1998.
He confirms they cannot navigate armed on the San Juan River
• Cuadra: the Foreign Ministers can resolve the problern
• Canas-Jerez Treaty is clear: Only commerce
• Costa Rican newspaper links case with deportees
President Afi?.oldoAleman said yesterday aftemoon that the Govemrnent of
Nicaragua cornrnunicated to the Costa Rican Government, that it will not allow
the circulation of armed Costa Rican police in the national territory.
The relations between Nicaragua and Costa Rica are strained since last
Wednesday, to such a point that the Nicaraguan Anny prohibited the circulation
on the San Juan River, to armed Costa Rican police officers, who used this river
to patrol and to transport thernselves to guard the furthest points of their
territory.
"There has been a waming call from our side, because they (the ticos) have the
right of navigation, but not arrned whatever it might be. Armed only the
Nicaraguan Arrny", said Aleman.
Vice president, Enrique Bolafios explained that Costa Rica's border police have
rnilitary posts in sorne pointsf their territory which need food supplies, task
that is done through the river, in small boats with arrned soldiers.
"That is really a foreign army in our territory. They say they have the right, so
they neither allow us to circulate armed, because they see this as a common
zone.
A misunderstanding?
On the other hand, the Head of the Nicaraguan Anny, Arrny General, Joaquin
Cuadra, inforrned yesterday that the problern started when Nicaraguan soldiers
spotted armed Costa Rican police officers circulating in the San Juan River,
without permission from Nicaraguan military authorities, as has been
established.
After a seminar on the prevention of sexually- transrnitted diseases and AIDS,
General Cuadra said the problem at the Costa Rican border was a630
misunderstanding that started when a new chief of the Costa Rican civil guard,
uninformed, started to navigate in the waters of the San Juan, unaware of the
dispositions that both govemments bad made sorne years ago.
Among those dispositions, General Cuadra mentioned the escort made by
Nicaraguan military of the Costa Rican police aH through their joumey along
the San Juan River, so the Costa Rican poJice can relieftroops and supply food
to the officers stationed in border posts of Sarapiqui and Barra del Colorado.
For this joumey, said the military chief, Costa Rican police officers were asked
to travet unarmed, "which lately they were not observing, and they even
entered without permission", said the General.
Ticos jump, but the treaty is clear.
"But we already put a stop to this; we cancelled the authorization for that
circulation. We onty have to sit down and discuss this situation to find a
solution and facilitate the work of the border police of that country, that does
not have another way to transit, except the river", said General Cuadra.
The Costa Rican guard, that patrot the border zone with Nicaragua, must go to
places that are dangerous and difficult to reach by land, such as Sarapiqui and
Barra del Colorado. That is why they use the San Juan river as a transit route.
Colonel Orlando Talavera, head ofthe Nicaraguan army in the southem part of
the country, ordered the impediment to circulate.
According to the Costa Rican newspaper La Naci6n , when high military
authorities of that country leamed of the restriction, they also ordered their
border officers to prohibit the entry to that country of Nicaraguan soldiers.
The paper mentions that the Costa Rican Minister of Security, Juan Rafael
Lizano, said that the decision of the Nicaraguan Army violates the Canas-Jerez
border treaty, signed between Nicaragua and Costa Rica on April, 1858, which
allows the Costa Rican government to navigate in that river with any kind of
arms, except with ship's artillery.
It is no retaliation
General Cuadra explained that there should be an agreement between the
Foreign Ministers ofboth countries to reinstate the permits for the Costa Rican
agents to navigate in the river. Cuadra said that the caneellation of the permits
is not retaliation for the numerous captures of undocumented Nicaraguans in
Costa Rican territory on the last few day s. La Naci6n mentions that between
June 17 and July 14, the Costa Rican police have captured, only in Sarapiqui,
68 undocumented Nicaraguans.This problem could be solved within the next few days, if the Foreign Ministers
of Nicaragua and Costa Rica, Emilio Alvarez Montalvan and Roberto Rojas,
take advantage of their presence in El Salvador, where they attend meetings,
prior to the surnmit of Central American presidents, in order to discuss those
border problems.
(...) Annex 133
"Costa Rican Guard banned from navigating on the San Juan River with arms"
inLa Tribuna, Managua, 17 July 1998 TRANSLATION
COSTA RICAN GUARD BANNED FROM NAVIGATING ON THE
SAN JUAN RIVER WITH ARMS
LA TRIBUNA, Managua, Friday 17 Joly, 1998
The Costa Rican Civil Guard will not be able to navigate on the San Juan River
with arms. The National Anny issued the prohibition on Tuesday, and the
sanction will remain untîl relations between both anned institutions normalize.
General Joaquin Cuadra Lacayo, chief of the National Anny, was diplomatie
about the matter: "It is a small misunderstanding that we hope to sertie soon. "
This "small misunderstanding" was caused by a new Costa Rican military
chief, assigned to the bordering zone with Nicaragua, who navigated in
Nicaraguan waters with armed guards to relief the troops stationed in places
near the river, without an authorization from the National Anny.
General Cuadra Lacayo explained that "apparently, when they changed the
chief in the area, the high-ranking officers of the Costa Rican Civil Guard did
not infonn the new officer about the real situation, and this caused the
misunderstanding. Wehad to put a stop to this problem until we speak with the
Costa Rican leaders."
However, Cuadra admitted that Costa Rican Civil Guard faces ·severa!
difficulties to reach their surveillance posts, and the river is the only way to do
it.
He added that Costa Rican officers were always accompanied by officersf the
National Army. The Costa Rican arms were always guarded throughout the
JOUmey.
For many years, there have always been harmonious relations in that zone
between the authorities of both countries. "We wish to maintain those
relations", said Cuadra.
President Amoldo Alemfm backed the decision of the National Army. "Our
waming is in the sense that they have the right to navigate in the river but not
armed." Aleman was emphatic in stating that "only the Army can carry arms
inside Nicaraguan territory". He ruled out the possibility to discuss this issue
with his Costa Rican counterpart, Miguel Angel Rodriguez, today in El
Salvador, where they are attending the meeting of Presidents of Central
America and Mexico, called Tuxtla GutiérrezIl. Annex 134
"Prohibition lifted''
in La Nacion, San José, 17 July 1998 635
TRANSLATION
PROHIBITION LIFTED
LA NACION, San José,Friday 17 July, 1998
Navigation on the San Juan River
Costa Rican police protecting the border with Nicaragua will be able to travel
through the San Juan River today with weapons in order to reach their guard
posts in Curei'iita,La Tigra de Sarapiqui and Barra del Colorado.
This was communicated in a press release issued last night by the Ministry of
Public Safety stating that "at 6 PM, the Nicaraguan Defense Minister, Jaime
Cuadra, communicated to Public Security Mînister, Juan Rafael Lizano that
free travel on the San Juan River was granted to the officers of the police force"
of Costa Rica.
According to Cuadra, everything will be nonnalized "as it had been occurring
-l' ,
1ormany years .
The prohibition lowered onto the national police began on Tuesday with the
argument that they could not travet with weapons, causing the officers
problems since they need to travet the river to bring food and medicine to their
partners, as weil as relieve them of their duty and change guards. The roads to
reach this area are in such bad shape that it is difficult to get there and the
joumey lasts many hours.
Although Cuadra's decision was made at 6 PM, Nicaraguan president Arnoldo
Aleman had defended the position of his country's anny just hours before,
according to an AFP news wire.
"Our warning is that there is a right to travet on the San Juan River, but
unarmed", said Alemân in declarations to the press right before traveling to El
Salvador to attend the Tuxtla Gutiérrez Ill Presidential Summit.
However, for Costa Rican Foreign Minister, Roberto Rojas, who is in El
Salvador, the situation was a "rnisunderstanding"; a similar opinion was issued
yesterday by Nicaraguan military leader, General Joaquin Cuadra, according to
AFP, who stated that the incident "is nothing more than a misunderstanding
about the manner in which military vessels are allowed to transit on the river". Annex 135
"Aleman Reiterates Sovereignty over the San Juan River"
in La Prensa Libre, San José, 23 July 1998 TRANSLATION
ALEMAN REITERATES SOVEREIGNTY OVER THE SAN JUAN
RIVER
LA PRENSA LIBRE, San José,23 July, 1998
Managua. President Amoldo Aleman declared yesterday that Nicaragua will
not negotiate its sovereignty of the San Juan River, in the border with Costa
Rica, and warned that its neighbors cannot claim "any dominion or possesion"
in that area.
Aleman faced questions from reporters regarding the surprise cance11ation- at
the request of Managua - of a meeting that was scheduled to take place
yesterday in the city of Liberia, where recent border incidents between both
countries were to be analyzed.
Although he did not clearly explain the reasons for canceling the meeting, in
which the Ministers of Defense from Costa Rica, Juan Rafael Lizano, and
Nicaragua, Jaime Cuadra, the president made it understood that its government
partially objected to the agenda presented by San José.
"The only thing that was asked from them was a clarification of the agenda
that they wanted to discuss (... )that the transit of Costa Rican Police with light
weapons that they might have on the San Juan River be requested", the
president stated.
Last week, the Nicaraguan Army forbade Costa Rican vessels from traveling
with armed police officers on the San Juan River, which belongs to Nicaragua
but on which Costa Ricans have the right to navigate freely.
Army Commander-in-Chief, General Joaquin Cuadra, stated at the time that
the right for Costa Ricato carry arms must be authorized by Nicaragua, at the
request of the neighboring country.
This issue resulted in a new diplomatie friction, after the press attributed the
Costa Rican Foreign Affairs Minister Roberto Rojas, as having said that the
San Juan River was not Nicaraguan territory, provoking protest from his
Nicaraguan colleague, Emilio Alvarez.
To this effect, president Aleman stated that Foreign Affairs Minister Alvarez
"was very emphatic about stating that the dominium and true imperium of
Nicaragua over the San Juan is not discussed" and that Costa Rica cannot
travel with arms on that waterway. Costa Rica "has the right to commercial traffic, but has neither dominium nor
- possession" in the area, which delineates part of the common borderline, he
reiterated.
Alemân did not say if his govemment will accept rescheduting the Liberia
meeting, although he clarified that Nicaragua is not looking to create further
incidents with Costa Rica since "there cannet be any territorial problems
between brother countries". Annex 136
"Nicas are unbending with Police"
in La Naci6n, San José,23 July 1998 TRANSLATION
NICAS ARE UNBENDING WITH POLICE
(Extracts)
LA NACION, San José,Thursday 23 Joly 1998
Navigation of the San Juan River
• The country expects a definitive response today
• Rodriguez holds an emergency meeting with ministers
Managua. Costa Rica's rights to navigate across the San Juan River are
lirnited and exclude the circulation of anned Costa Rican police along its
channel, reiterated Nicaraguan Foreign Affairs Minister Emilio Alvarez, m
declarations made to the press of the brother country.
In the last few days, Nicaraguan authorities have warned against the presence
of Costa Rican agents entering the waterway with weapons, which partially
defines the border. Costa Rica claims thatit is necessary for Costa Rican police
to travet with weapons since they are taking food and other provisions to the
guard posts on the San Juan River bank.
Given the Nicaraguan position, the governrnent of President Miguel Angel
Rodriguez hopes that there will be a definitive response by Amoldo Aleman's
administration that will resolve the diffïculty.
(..)
In declarations published yesterday by El Nuevo Diario in Managua, Alvarez
reiterated that the total sovereigntyf his country over the San Juan River as
established in the Canas-Jerez Border Treaty, which both nations signed in
April 1858.
These cornments were made after a bilateral meeting which was scheduled to
take place yesterday in· Liberia, Guanacaste (Costa Rica) was abruptly
suspended.
The Nicaraguan Foreign Minister emphasized that Costa Rica has navigation
rights that are limited to commerce alone and, as such do not include, according
to the publication, the transit of armed police. Ttalso mentioned that this is set
forth in the Canas-Jerez Treaty as weil as the Cleveland Award (of 1888) which
ratified the scope of the first treaty. (See map).Costa Rican authorities defend the need for a group of police officers to travel
on the river, every so often, in order to relieve their partners at the guard posts
and bring them food. This new conflict took place on July 15 when Colonel
Orlando Talavera, head of the Southern Nicaraguan guard post, ordered their
passage to be forbidden with the support ofNicaraguan Army commanders.
(..)
Mistaken Reaction
For Costa Rican Foreign Minister Roberto Rojas, the reaction of the
neighboring authorities is not justified since "no one has questioned that the
San Juan River belongs to them". He stated that sorne press media from that
nation (Nicaragua) attributed him with declarations he did not make that
implied that he believed sovereignty over the river was not exclusively
Nicaraguan, which spurred the controversy.
Regarding the reaction of his counterpart, EmilioAlvarez and Defense Minister
Jaime Cuadra, Rojas stated: "They are not making any effort to maintain the
relationship that we would like to exist between both countries."
Cuadra was the one who cancelled the Liberia meeting at the last minute, and
attributed his decision to the fact that Costa Rica pretended to impose the
agenda. "The Ticos must understand that the river belongs to Nicaragua. They
only have the right to navigate it unarmed and with our authorization", Cuadra
told the La Tribuna newspaper.
Former Foreign Affairs Vice-Minister (to Costa Rica) Rodrigo Carreras, an
expert in International Relations stated that the aforementioned treaty (Canas
Jerez) expressly forbids the navigation of vessels ofwar, which are defined as
being equipped with, at least a submachine gun, not regulation weapons, such
as those that the Costa Ricans police carry.
He stated that, historically, police have always circulated on the San Juan River
and does not remember having had any problems due to that situation. Annex 137
"Costa Rican President suspends visit"
in El Nuevo Diario, Managua, 24 JuJy 1998 TRANSLATION
COSTA RICAN PRESIDENT SUSPENDS VISIT
(Extracts)
EL NUEVO DIARIO, Managua, Friday, 24 July, 1998
Feigns anger due to crisis in the San Juan River
• They want to navigate anned in another's waters
• Will miss the inauguration of EXPICA
• Meeting between authorities in San Joséairport fails
San Jose.- The President of Costa Rica, Miguel Angel Rodriguez, cancelled his
trip to Nicaragua planned for Friday due to a border dispute with Nicaraguans,
his press office stated.
"The President will not travel to Nicaragua," joumalist Arturo Cartin, from the
press office, declared to Reuters. Rodriguez made his decision late aftemoon,
when a meeting between representatives of the Ministry of Security of Costa
Rica and officers of the Nicaraguan anny in the Juan Santamaria airport in San
Jose, ended with no results.
The purpose of that meeting was to try to find a solution to the dispute in the
common border, measuring 320 kilometers in length, where during the last
weeks Nicaragua bas conditioned Costa Rican navigation along the San Juan
River.
(..)
Meeting with no progress
The disagreement over the navigation along an important stretch of the San
Juan, which flows into the Caribbean, began after the Nicaraguans prohibited
Costa Rican civil anned policemen's navigation.
At the end ofthe five hour long meeting in the airport, the Minister of Security
of Costa Rica, Juan Rafael Lizano, declared that there had been no progress and
the parties were staunch in their positions.
"Nicaragua demands that every time a Costa Rican patrol intends to navigate
the San Juan River, it needs to infonn the Nicaraguan authorities," Lizano said.
Nicaragua demands as weil that, in case a Costa Rican official vessel is
authorized to navigate, a Nicaraguan officer must travel in the boat, he added."Although the negotiations are still ongoing, Costa Rica's position is to not
accept the conditions imposed by Nicaragua," stated Lizano.
Costa Rica has the right to navigate the San Juan River freely, in perpetuity,
under the Canas-Jerez Treaty, signed in April of 1858.
Only commercial navigation allowed
Nicaragua, however, argues that the treaty refers only to free commercial
navigation and not the transit of armed policemen. The San Juan River begins
in Lake Nicaragua and complete!y belongs to that country but in more than half
of its trajectory, fonns a natural boundary with Costa Rica.
Costa Rica has repeatedly alleged that the navigation of vessels of the Ministry
of Security is essential to national interests since there are severa] civil police
posts which can only be accessed through the river.
Neighbors from the Costa Rican town of Los Chiles, in the southem bank of
the San Juan, told Channel 7 that the Nicaraguan provisions arose from the
problem of hundreds of Nicaraguans who dai!y cross to Costa Rica illegally
through different points along the border.
"The presence of Costa Rican troops has somehow become an obstacle for
those Nicaraguans who want to cross over and the Nicaraguan authorities do
not like that; they have reacted by restricting navigation," stated a neighbor,
who requested not to be identified. Annex 138
"Costa Rica Exhibits its 'Army' on the San Juan River"
in LaPrensa, Managua, 26 July 1998 TRANSLATION
COSTA RICA EXHIBITS lTS 'ARMY' ON THE SAN JUAN RIVER
(Extracts)
LA PRENSA, Managua, Sunday 26 July, 1998
(...)
Chamorro (the Nicaraguan Tburism Minister) stated that he is not opposed to
Costa Ricans using the San Juan River for tourism since this is part of modern
commerce; however, he does not agree in that the Costa Rican police should be
anned when they travet along the river.
(...) Annex 139
"Chamorro objects to Patrols",
in La Naci6n, San José,27July 1998 TRANSLATION
CHAMORRO OBJECTS TO PATROLS
(Extracts)
LA NACION, San José,Monday 27 July, 1998
(..)
Police Contrast
The designated Defense Minister stated that in contrast to the Costa Rican
Police, the Nicaraguan Arrny officer that accompanied them during the tour of
the river "was traveling totally unarmed". He stated that he is not opposed to
Costa Ricans using the San Juan for tourism purposes, because, according to
hirn, that is modern commerce; however, he expressed his disagreement to their
traveling heavily armed.
(..)
On July 16, the Nicaraguan authorities forbade arrned Costa Rican police from
navigating the San Juan, a task that they performed in order to change guards
and bring food to the guard posts that the Police has in the area.
The foreign affairs ministers from both nations are scheduled to meet this week
in Managua to resume talks. However, the date for this meeting has not yet
been established. Annex 140
"Aleman: 1could take up the arms",
in El Nuevo Diario, Managua, 30 July 1998 TRANSLATION
ALEMAN: "1 COULD TAKE UP THE ARMS"
(Extracts)
EL NUEVO DIARIO, Managua, Thursday, 30 July, 1998.
To Defend Our Sovereignty, he says
• If it is necessary to use the Army, he will
• The Costa Rican delegation arrives today to Nicaragua
• Nonetheless, the conflict has no sights of solution
If the Costa Ricans do not respect Nicaragua 's sovereignty over the San Juan
River, President Arnoldo Aleman is willing to take up the anns together with
the members of the Nicaraguan Army,.said the President himself in the city of
Jinotega, after a trip through different rural communities.
- How do you interpret the phrase about defending sovereignty with guns in
band?
"Ifwe need to make use of the institution of the anned forces ofNicaragua,
we shall make use of them ".
- Would you also take up the anns yourself, doctor Alemân?
"We don'tnecessarily have to do it, because that is why there are institutions,
but if it is necessary to defend our country, I will do it", answered the president
in an emphatic tone.
(..)
Nothing to talk about
Yesterday, the president went on a trip that took him through towns of
Matagalpa and Jinotega, where he repeated General Sandino's phrase: "The
sovereignty of a nation is not something that is discussed, it is defended with
anns in hand", when he referred to the way that the problem with our southem
neighbours must be dealt with.
(..)A OIFFICULT STARTING POINT
ln the meantime, a delegation from the govemment of Costa Rica, headed by
the Minister of Public Security, Juan Rafael Lizano, is expected this moming
by Nicaraguan authorities, to begin a new round of conversations about the
border conflict in the San Juan River.
The conversations have a difficult starting point, because the govemment of
Nicaragua bas wamed that they will not allow armed Costa Rican police
officers to navigate in the river, while Costa Rican authorities say they will
defend the circulation of their armed forces through the river, carrying their
service arms.
With that opposing agenda, authorities from both countries had a first meeting
last week, without making any progress.
"The object of my negotiation is to achieve that our Public Force can navigate
in the river with their service arms. That is the only problem we have, and that
is my position. We cannot back out," said Lizano to the Costa Rican media.
The foundation of Costa Rica's arguments is supported by article four of the
Canas-Jerez Treaty that establishes joint obligations for both countries
conceming the deferree of Bahia de San Juan del Norte in the Atlantic, and
Bahia de Salinas in the Pacifie.
"The Bay of San Juan del Norte, as well as the Salinas Bay, shall be common
to both Republics, and, therefore, both the advantages of their use and the
obligation to contribute to their deferreehaHalso be common. Costa Rica shall
be bound, as far as the portion of the banks of the San Juan river which
correspond to it is concemed, to contribute to its custody in the same way as
the two Republîcs sha11contribute to the deferree of the river in case of extemal
aggression; and this they sball do with ali the efficiency within their reach",
establishes article four of the Treaty.
(..) Annex 141
"Border agreement with Nîcas"
inLa Naci6n, San José, 31 July 1998 TRANSLATION
BORDER AGREEMENT W.ITH NICAS
LA NACION, San José,Friday, 31 July, 1998
Army guards will keep watch over river passage
Managua. Costa Rican police will be able to travet with regulation arms on the
San Juan River, provided they report themselves to the Nicaraguan border posts
and travet with Nicaraguan military escort boats.
This was agreed yesterday in this capital after a meetingof nearly five hours,
at the Defence Ministry, between the Minister of Defence from Nicaragua,
Jaime Cuadra, and the Minister of Public Security from Costa Rica, Juan
Rafael Lizano.
The decision, which was signed on a two-page document, ended two weeks of
diplomatie tension in which Costa Rica wamed to be willing to tum to
international courts and Nicaragua insinuated that it could use arms to defend
its sovereignty.
In the declaration, read at 4:15PM at the Augusto Cesar Sandino Airport, Costa
Rica reiterated its respect for Nicaragua's sovereignty over then Juan River
while at the same time this country recognized Costa Rica's right to navigate
freely on this waterway, between the mouth of the Caribbean Sea and Castillo
Viejo.
Costa Rican vessels will also be able to navigate changing guards and
transporting supplies to border patrol posts, when, for sorne reason, a
Nicaraguan boat is not able to escort them. However, they must report
themselves to the Army posts.
Since July 16, the Nicaraguan govemment bad forbidden the transit of armed
Costa Rican police on the San Juan River claiming absolute sovereignty of its
nation over the waterway.
Costa Rican authorities rejected the measure because they considered that the
Canas-Jerez Treaty of Limits of 1858 and the Cleveland Award of 1888
perpetually guarantee free navigation for commercial and fiscal control
purposes.
In this case, police navigate the river in order to take supplies to four border
guard posts belonging to the Costa Rican Police, which are extremely difficult
to access by land.Warning and Escorts
"We willleave with our boats and inform the Nicaraguan government. If they
want to send a boat to escort us that is fine and if not that is also fine.
Nicaragua has the right to transit on the river and can do so whenever it wants",
Lizano responded after signing the agreement, during a press conference at the
Airport Protocol Salon.
When faced with questions from Nicaraguan reporters Cuadra denied that the
agreement took away sovereignty from the country. "Costa Rica has always
transited on the river and they are not being denied the right to travel on it and
no one is taking away the fact that the river belongs to Nicaragua".
The agreement was surprising, given that both parties had demonstrated
rigidness in defending their points of view and even the govemment of Costa
Rica did not foresee great results from the meeting.
In a technical-military meeting in San Joséon July 23, Costa Rica rejected a
Nicaraguan petition to allow Costa Rican boats to travel on the river unarmed
and with a Nicaraguan guard aboard, although it accepted reporting its
movements.
According to Lîzano, the proposai that ended the dispute orose yesterday
during the session and was consulted with the presidents ofNicaragua, Amoldo
Aleman, and Costa Rica, Miguel Angel Rodriguez.
"I am very happy because the solution to this conflict occurred as a result of
dialogue. Speaking face to face and wîth respect is the way one may reach
agreements", declared the Costa Rîcan president.
Afterwards, through a press release, the Presidential Office informed that
Rodriguez spoke on the telephone with Aleman !etting him know that he was
very satisfied that they had overcome the frictions.
Overly exaggerated
Lizano always considered this to be a minor problem that was needlessly
inflated. "No one bas won or !ost here. What we have won here is for both
countries to live at peace, to travel on the river and to be together".
Former Foreign Affairs Minister, Rodrigo Madrigal Nieto (1986-1990)
reiterated that during this century it did not make much sense to overly
exaggerate small border disputes and invoke nationalistic emotions in the
deferree of their waters, as did sorne Nicaraguan authorities.He referred to the agreement as a graceful exit. "When one reads this
agreement, which first states that Costa Ricans must travel with Nicaraguan
escort vessels, but if that were not possible, could equally travel on the river
alone, it gives the impression that when the tension diminishes everything will
be the same as before". Annex 142
"Nicaragua forfeited",
in La Prensa, Managua, 31 July 1998 653
TRANSLATION
NICARAGUA FORFElTE.D
(Extracts)
LA PRENSA, Managua, Friday, 31 July, 1998
Costa Ricans will keep on navigating across the San Juan River with
weapons
The confrontational tone and warnings of President Amoldo Aleman to "take
up anns" to defend sovereignty remained just that: simple words and it's alijust
bravado, when yesterday, the president accepted armed navigation across the
San Juan River by the Costa Rican Guard.
Although it bas sorne restrictions, Nicaragua's govemment accepted the transit
by Costa Rican Public Forces across the natural border of San Juan River,
bearing service arms, but with previous authorization by the Nicaraguan
Authorities.
ln spite of the fact that the tico delegation accepted also the custody by
Nicaraguan authorities, in the moment that they navigate across the river, it
"can only be made" from boats owned by Nicaraguan public forces, whenever
the capacity required thereto is available.
(...)
The Nicaraguan Deputies launched a savage attack on the agreement made
between the tico Ministry of Security, Juan Rafael Lizano, and the Nicaraguan
Ministry of Defense, Jaime Cuadra, after three hours of negotiations in
Managua. Legislators warned that the agreement may be ratified by the
Nicaraguan Parliament.
(...)
President: "it's the media 's storm"
In spite of the questioning against the negotiations, president Aleman justified
the new position adopted by Nicaragua "because they recognized our
sovereignty".
"I believe that what we have done is to place stairs so that they can get out of
the storm, which, in many cases, was the media's storm. We haven't yielded atany time; they must consult and notify us to navigate in such a way", the
president pointed out, by specifying that the Army has the capacity to
implement this type of custody.
(..) Annex 143
"Agreement tends to confirm Nîcaraguan sovereignty in the San Juan"
in La Prensa, Managua, 1 August 1998 655
TRANSLATION
AGREEMENT TENDS TO CONFIRM NICARAGUAN
SOVEREIGNTY IN THE SAN JUAN
LA PRENSA, Managua, Saturday, 1 August 1998
When read carefully and dispassîonately, the main pointsf the agreement
signed by Ministers Cuadra and Lizano regulating aspects of navigation by the
Costa Ricans in the San Juan River, far from handing over our sovereignty, they
impose healthy rules on Costa Rica which prevent any abuse on the part of the
Costa Ricans in our national waters.
In order to fully comprehend the agreement and its implementation, each of its
main points should be transcribed and analyzed, as follows:
First point
"The Costa Rican police force that relieves police and provides supplies for the
border posts will navigate the San Juan River carrying service arms once the
corresponding notice bas been given and they will be accompanied by
Nicara authurtis navigating in their own vessels.
Nicaraguan sovereignty is herein fully respected. The Costa Rican police set
sail after having informed the Nicaraguan authorities -a sign of respect for our
full right over the river in its entirety - and under the surveillance of
Nicaraguan vessels. In other words, if the Costa Rican police are carrying arms
or supplies strictly for police use, they should inform Nicaragua beforehand
and, furthermore, allow close surveillance of their movements along the river.
Let it be remembered that, according to international law, Costa Rica has the
right to navigate the San Juan and supply her police posts on the Costa Rican
bank, and Nicaraguan contrais remain absolute and do not accept any
misgivings or debate in this regard. Prior notice must be given and, moreover,
the Costa Ricans will be under surveillance to confirm that are carrying out a
police logistics operation under Nicaragua's watchful eye. The ward
"regulation" does not refer here to any vesse!, but only to the Costa Rican
police. Nobody can be misled in this regard.
Second point
lt is evident that, on banning armed Costa Rican ships on the river, the Canas
Jerez Treaty refers to war vessels, not to police detachments, which, naturally,
cannet travel unarmed.If the Nicaraguan authorities do not accompany the armed Costa Rican police
patrols in their vessels, the latter may undertake the joumey making the
required reports to the Nicaraguan authorities during the length oftheir joumey
along the waters of the San Juan River. The phrase "Costa Rican armed patrols"
could give rise to suspicion, however, there is no doubt that the agreement
refers simply to the relieving of the minor police groups who every now and
then must be armed at those posts. It·is worth noting that these groups should
give prior notice to Nicaragua of their mobilization and allow Nicaraguan
vessels to accornpany them. If the Nîcaraguan vessels do not accompany them
they should still report to the Nîcaraguan posts that safeguard our absolute
sovereignty over the river, in ether words, Nicaragua wiHalways have prior or
immediate notice of these police movements.
Third point
The mechanisms for implementing the agreement will be determined at a
subsequent meeting of high ranking officers from the Nicaraguan military
authorities and theCosta Rican police force.
This point indicates that this agreement is only an initial version which needs
to be improved upon but that contains two fundamental acceptances made by
Costa Rica. These are that Nicaragua reserves the right to be informed of and
approve every detail regarding the movernents of supplies to Costa Rican
garrisons on its side of the river and to keep watch over their vessels during
those movements within the river's waters, which constitute national territory.
Nicaragua bas two very good advantages and these are that it could charge
Costa Rica appropriate sums for allowing these police patrol relief operations
and that foreign tourists transported by the Costa Ricans along the river, on
seeing the Nicaraguan patrols, will realize that the Costa Ricans are
transporting them along a river that does not belong to them. Annex 144
"Agreement criticized: new practices can be dangerous"
in La Prensa, Managua, 1 August 1998 TRANSLATION
AGREEMENT CRITICIZED: NEW PRACTICES
CAN BE DANGEROUS
(Extract)
LA PRENSA, Managua, Saturday, 1 August, 1998
The President ofNicaragua explained the contents of the Joint Communiqué as
follows:"this is neither an agreement nor anything that has an obligatory sense;
it is only a communiqué that serves as a guideline between two neighbouring
countries that face a misunderstanding" Annex 145
"General Cuadra avoids commenting on the San Juan River"
in La Tribuna, Managua, 1August 1998 TRANSLATION
GENERAL CUADRA AVOIDS COMMENTING
ON THE SAN JUAN RIVER
(Extracts)
LA TRIBUNA, Managua, 1August, 1998
The Anny Chief, General Joaquin Cuadra, avoided answering direct questions
on that institution's stance regarding the agreement subscribed between
Nicaraguan and Costa Rican authorities granting the neighboring country's
Civil Police the right ta navigate the San Juan River armed.
"We are an obedient army; it is one of our greatest achievements," Cuadra said.
When consulted ifthat meant he accepted the bilateral agreement, he answered;
"That's another matter."
The sources consulted affirmed that the high Army commands did not agree
with the agreement reached by the Executive Power of Nicaragua with Costa
Rican officiais. Proof of that is that during the negotiations between the
Minister ofDefence, Jaime Cuadra, and the head of Public Security in Costa
Rica, Rafael Lizano, many high officiais left.
"It is not our place ta say whether or not we agree. In the first place, it was not
us who were going ta sign. 1t is a political document drafted by the country's
political authorities, who are the orres who must face public opinion," stated
Cuadra.
(..)
The military Chief declared that the Army would comply with their part, item
three of the statement, that stipulates a meeting in the near future between
Nicaraguan military authorities and the Costa Rica Civil Guard to define the
procedures for the mobilization of Costa Rican vessels on the San Juan River.
These vessels supply border posts and transport police for reliefof the guard.
"We will take extra care so that Nicaraguan sovereignty is not affected and the
rights of Costa Ricans navigating the river are respected," added Cuadra.
The Costa Rican Civil Guard will be able to navigate with its issued service
arms, M-16 rifles, according to the agreement reached by bath countries. He
explained that before the conflict, the Civil Guard were allowed the usef armsfor self-defense purposes, since if they were disarmed, they would exposed to
delinquents but, he said, now any transit will be under strict Nicaraguan
superviSion.
Cuadra affirmed that the conflict due to armed navigation on the River began
with the new Costa Rican administration, since the Civil Guard began to
navigate armed without requesting previous authorization in the Nicaraguan
border posts. "The problem began when the Army decided to stop the transit of
Costa Rican authorities. Now the problem is solved when the Costa Ricans
have accepted to request permission, recognizing the sovereign right that
Nicaragua bas over the river and (accept) to submit to the dispositions that
Nicaragua imposes for the navigation on the River," he stated.
For Cuadra, the most important aspect of the statement issued by both countries
is that "the Army will determine the mechanism, the how, when, where and
why the River will be navigated.
"They will have to request authorization, to do it previously and will be
accompanied during their trip by Nicaraguan border patrols. The Army is under
full capacity to accompany them; the journey of the relief isshor t~distance
of about 15 kilometers."
(..) Annex 146
"Nicaragua: Aleman suggests civil guard not to navigate the San Juan"
in Deutsche Presse Agentur4 August 1998 661
TRANSLATION
NICARAGUA: ALEMAN SUGGESTS CIVIL GUARD NOT TO
NAVIGATE THE SAN JUAN
Deutsche Presse Agentur, 4 August, 1998
Managua,(dpa) After a two-day trip through that region, the Nicaraguan
President, Amoldo Alemân affirmed today that Costa Rîcan Civil Guard do not
need to navigate in the San Juan supply their surveillance posts at the border
with Nicaragua, which was the setting of a recent disagreement between both
nations.
In his statements to the press, Aleman said that Costa Rican guards have
"facilities" in their territory to take supplies to their border posts by land,
without entering into the waters ofthat water way, which belongs to Nicaragua.
The president added that during his visit to several Nicaraguan military posts
in the San Juan River, he verified that Costa Ricans can take supplies and relief
their guards through the road network they have in their own territory, which
would avoid frictions with Nicaraguan military authorities.
"After seeing those facilities, they should use their paths and roads", suggested
the president.
Aleman explained that his government will not "revoke" an act of
commitments, signed with Costa Rican authorities, on 31 July, on regulations
for navigation in the San Juan River, and he also said:ou cannot revoke your
own authority."
The president described the border agreement, signed last Friday in Managua,
as a "prove of good will'',and he added that Costa Rica's argumentations to
justify that their public force navigate the river armed, "are not so valid".
He also announced that he ordered Nicaraguan military authorities to regulate
the border agreement, but he wamed that in the rneantime, it will not be
allowed the navigation of any Costa Rîcan vessels with armed police through
the San Juan River.
However, he ruled out putting restrictions to commercial navigation between
both countries.The chief of staff of the Anny, Major General Javier Carri6n, informed that he
would arrange a meeting with Costa Rican authorities, for next week, to discuss
varîous aspects of the border agreement.
During his two-day trip through the border zone with Costa Rica, Aleman was
accompanied by severa! ministers and military authorities. The president
visited the towns of San Carlos, El Castillo, and San Juan del Norte, as weil as
severa! military posts. Annex 147
"Nicaraguan hostility worsens''
in La Nacion, San José,4 August 1998 TRANSLATION
NICARAGUAN HOSTlLITY WORSENS
LA NACION, San José,Thesday 4 August, 1998
Aleman toured the San Juan River
Access is prohibited to Costa Rican press on tour
Boca San Carlos (San Juan River). The president of Nicaragua, Arnoldo
Alcman, took advantage of a border tour of the river yesterday to insist before
the local press that he is ready to give up his life in order to defend the national
sovereignty white the Army forbade a group ofjournalists from this newspaper
from entering the river.
Aleman began his tour at 9 AM at the Nicaraguan port of San Carlos, where he
made these statements to the Nicaraguan media on the tour with him. At 12:20
PM, the nine boats comprising his party passed in front of Boca San Carlos and
stopped for 15 minutes at the military post, located at the left margin of the San
Juan River.
Two hours earlier, at this same place, Lieutenant Edin Lagos, radioed his
superiors in order to ask about the possibility for the La Naci6n team tojoin the
party and the response was a curt: "We have nothing to do with them. Let them
go back to their country," responded the military official on the radio.
This measure is part of a series of new restrictions that yesterday affected ali
Costa Rican vessels that needed to navigate on the San Juan. Many boatmen
denounced that for any type of trip, they were required to request permission
from the Army, and they even wamed one of them that he had to take the Costa
Rican flag off of the boat in order to circulate on the San Juan.
President Aleman'swarning and the navigation restrictions occurred only three
days after a bilateral agreement was signed in Managua allowing boats from
Costa Rica's Public Security to circulate with armed police on the river, after
receiving authorization from the neighboring country's military and with the
possibility of having military escorts on their own vessels during their trip.
With Weapons
When he spoke withjournalists from his country, Aleman reaffirmed his speech
regarding sovereignty. "We are a peaceful people; we think in civility but we
have the bravery to defend, as General Sandino once stated, the sovereignty ofa country with a rifle at band (... )and if it is necessary for us to give up our
own lives then we shall also do so", he affirmed.
The leader, who circulated on the river escorted by most of his govemment
ministers, also assured at the beginning of the tour that the delegation hadn't
arrived to the river to demonstrate "bellicosity or preponderance." He then
added: "We can travet on the San Juan River, with the Army and the police,
either armed or disarmed."
But Aleman went a step'further, and clearly alluding to Costa Rica, warned:
"Any country or persan with strange ideas or who tries to have participation of
the river (has to) be told that we Nicaraguans know how to defend the
sovereignty of a country".
This climate of hostility towards Costa Rican positions with which the
president began his trip, characterized the entire tour.
This was confirmed by an order that Costa Rican Police located in the srnall
village of Boca San Carlos communicated to every boatman and inhabitant
who arrived in the area.
The Army prohibited ali navigation on the San Juan River between noon and 5
PM. On the other side ofthe river, the military not only ratified the order, but
alsoextended it from 9 AM onwards.
A Costa Rican boatman who requested to remain unidentified, acknowledged
that yesterday the measure was understandable, to provide the president more
security, but objected that each time that he had to circulate on the river,
although the right to free navigation was already established, they had to
request permission at each Military post and many times had to paya fee for
doing so. Annex 148
"Nicaragua hardens its position"
in La Prensa, Managua, 5 August 1998 TRANSLATION
NICARAGUA HARD ENS ITS POSITION
(Extract)
LA PRENSA, Managua, Wednesday, 5 August, 1998
Costa Rican navigation will be submitted to severe restrictions in the San
Juan River
The Vice-President of the Republic, Eng. Enrique Bolai'ios,saîd yesterday that
the agreement signed between the governments of Costa Rica and Nicaragua
regarding the border conflict between the two countries bas no validity until the
Executive Power does not regulate under what conditions the police or civil
guards of Costa Rica can navigate the San Juan River with their service arrns.
Bolai'iosassured that although there was still a lot of work to cover for that
agreement to be implemented by the two countries, it specifies that Costa Rican
police will be able to navigate the waters of the San Juan River arrned, subject
to what Nicaragua imposes on them.
(..) Annex 149
"Special Commission in charge of the San Juan"
in La Prensa, Managua, 6 August 1998 TRANSLATION
SPECIAL COMMISSION IN CHARGE OF THE SAN JUAN
LA PRENSA, Managua, Thursday, 6 August, 1998.
Vice-president named to chair it
Vice-president, Eng. Enrique Bolaiios, was designated by President Arnaldo
Aleman, to chair a committee that would write the regulations or the rules of
the game, of the agreement signed by the Ministers of Defense of Nicaragua
and Costa Rica, on the navigation of Costa Rican public forces in the San Juan
River.
The committee will be forrned by the Minister of the lnterior, Minister of
Foreign Affairs, the Vice Minister of Defense, the Nicaraguan Anny, "and as
many as needed", said the Vice-president.
During a trip through the zone of the San Juan River, a governrnent delegation
was informed by the Arrny that Costa Rican police do not require to transit
along the San Juan River to relief troops, because they have good access roads.
ln this respect, President Aleman said the regulations would take into
consideration the condition of the roads during the rainy season, and that they
would be "humanitarian" in that aspect.
"In that case we could allow navigation, but under our rules. If the Costa
Ricans do not accept the regulations, let them find a plane to transport their
people", said the president.
Sorne politicians cornrnented that the regulations would solve the flaws in the
agreement. In many cases the Govemment istrying to get a new arrangement.
Vice-president Bolafios did not rule out a referendum to see the case of the San
Juan River, and he encouraged the people to send their suggestions as to which
would be the conditions to allow the passage of armed police officers through
the river.
"We want to regulate to the satisfaction of the Nicaraguans", said the Vice
president.
Eng. Bolai'iossaid that he already began to write a draft document that includes
the aspects that should be regulated, that would be the conditions under which
the Costa Rican police may navigate the river."These are preliminary ideas. They (the ticos) want togo through your territory
armed. What conditions should you put to them? Weil, in extreme situations, in
cases of emergency, in those situations, you ask my permission, you let me
know who will go through, you send me their passports, if they are armed, you
describe the type of arms, the models, series, number, at what time they are
leaving, at what time they are going back", said Vice-president Bolafi.os.
Another idea of Bolafios, is that Nicaraguan custodians should accompany
Costa Rican boats, either in the Costa Rican vesse! or in a boat, that would
navigate parallel to the one from the southern neighbor.
"Nicaragua is in no huny to write the regulations, if anyone needs to go
through there
(San Juan River), we will say: You will pass through my patio, under the
conditions that 1say", stated the Vice-president.
Meanwhile, through the Costa Rican paper La Naci6n, Costa Rican experts
recommended President Miguel Angel Rodriguez, to be prudent about the
handling of the San Juan River issue.
Former Vice-minister of foreign affairs, Rodrigo Carreras, told La Naci6n: "We
must be very prudent, because our neighboring country could overreact
because of an oversize of their domestic problems."
On the other band, Maria Antonieta Vitola, with a doctorate in Political
Sciences, advised "not to confront directly with Aleman to avoid heating-up the
situation."
According to the paper, the government of Costa Rica was not informed of
those recommendations, but the prudence advised is the strategy to be followed
by the Rodriguez administration.
Rodriguez and Aleman will meet on Friday in Colombia, during the
inauguration of the president of that South American country.
Bolafi.osdid not specify the date or the place for the meeting of the Costa Rican
and Nicaraguan delegations for the regulation of the agreement; he just said it
would be soon.
The agreement was signed by the Ministers of Defense ofboth countries, on 30
July.
In his statements, the Vice-president asked the media not to cali San Juan del
Norte, Graytown, because that is the name the English used when they tried to
seize that place. Annex 150
"Nicaragua would charge visa to Costa Rican policemen"
in La Naciôn,San José,6 August 1998 TRANSLATION
NICARAGUA WOULD CHARGE VISA TO COSTA RICAN
POLICEMEN
(Extracts)
LA NACIÙN, San José,Thursday 6 August, 1998
Army denies passage to Costa Rican patrol boat in Boca de Sarapiqui
Paying the cost of a visa, carrying a passport, submitting an anns registry and
requesting permission days beforehand, are sorne of the conditions that Costa
Rican police must comply with when they navigate on the San Juan River,
Nicaraguan Vice-President Enrique Bolafios announced yesterday.
The announcement was made a few hours before he was designated chief of the
governmental delegation in charge of "regulating" the bilateral agreement that
will govern the navigation of the Costa Rican Public Force on the bordering
nver.
(..)
Official Regulations
Enrique Bolafios, who will be the coordinator of a commission to "regulate"
the bilateral agreement, dictated his judgment beforehand and assured that visa
payments and passports will be demanded to the Costa Rican police.
"These are sorne of the things that need to be regulated and if the Costa Ricans
do not accept or do not follow the regulations that the Executive Power of this
country will place on this agreement, then they simply will not be able to pass
through this territory", wamed Bolafios.
He also assured that, until this regulation is ready, Costa Rica will not be able
to use the San Juan. According to his criteria, the agreement establishes thatif
there is no vesse! from Nicaragua available to escort the Costa Rican Police,
they will not be able to circulate on the river.
Passage lmpeded
The investigation into the death of an Il month-old miner in Fatima of
Sarapiqui, provoked the refusai from Nicaragua Army officiais for the Costa
Rican Police patrol from circulating along the San Juan.The incident occurred last Tuesday at noon when a judge from Sarapiqui,
Patricia Cuera, a fiscal agent, a public defender and two officiais from the area
Organism of Judicial Investigation (OIJ), traveled to the location on an official
vesse!, but when they reported themselves to the Nicaraguan guard posts, at the
Boca del Sarapiqui, they refused to authorize their passage.
This was confirmed to La Naci6n both by Cubera as weil as by the judicial
policeman Pompilio Campos, who had to retum and request help from a private
boatman in order to reach the place.
Cubero affinned that the Nicaraguan military officers treated them coldly and
curtly and that they did not even want to hear any reasons, they simply denied
that the official vesse!, conducted by an unarmed police officer, use the river.
( ..) Annex 151
"Ticos will pay the priee"
in La Tribuna,Managua, 6 August 1998 671
TRANSLATION
TICOS WILL .PAYTHE PRICE
LA TRIBUNA, Managua Thursday, 6 August, 1998
Vice-President Bolaiios prepares regulation on navigation
Vice-President Enrique Bolafios declared yesterday that "the govemment of
Costa Rica will be demanded sorne conditions to navigate the San Juan River
armed" and one of them will be to pay the cost of the escorts who will
accompany them throughout their route.
"I remember when 1traveled to Panama that when 1entered Costa Rica, 1had
to have an escort and pay him breakfast, lunch and dinner until 1 reached the
border with Panama," Bolafios stated.
The Vice-President was assigned by the president as Chair of the commission
which will prepare the Costa Rican navigation regulations on the San Juan
River. After his designation, he declared that globalization cannot mean "the
violation of our sovereignty."
Bolafios announced that jointly with a group of advisors, he is preparing the
regulations which will be discussed between the Nicaraguan and Costa Rican
authorities, the put-poseof which is to put an end to the border conflict in the
San Juan River. Bolafios sent the Minister of Defense his suggestions to be
incorporated in the elaboration of the regulations of the agreement already
signed between Nicaragua and Costa Rica.
According to Bolafios, sorne of the necessary conditions that should be
included in the regulations are: That Costa Rica request previous authorization
to navigate armed in the San Juan River; That it present the passports of each
officer and indicate the precise number and type of annament (type, series,
mode!) to be carried; That it indicate the exact hour it will enter the River as
weil as the route, duration and exact time when they will exit the waters.
"Anyone intending to enter our backyard will do so under our custody," said
the Vice-President. Annex 152
"Commerce decreases along the border"
in La Nacion, San José,27 September 1998 TRANSLATION
COMMERCE DECREASES ALONG THE BORDER
(Extract)
LA NACION, San Jose, Sunday 27 September, 1998
Colorado and Sarapiqui Rivers
• Suspension of river transit Jeads to disruption
Although Costa Rican civilians do not have any impediments for traveling on
the San Juan, the day before yesterday, during the moming hours, officiais from
the Nicaraguan army at the Boca Sarapiqui post forced the owners of vessels
to lower the Costa Rican flag on their vessels in the presenceof a team from
this newspaper.
(..) Annex 153
"Ticos requested European mediation"
in La Tribuna, Managua, 9 October 1998 TRANSLATION
TICOS REQUESTED EUROPEAN MEDIATION
(Extract)
LA TRIBUNA, Managua, 9 October 1998
"The Nicaraguan Deputy Minister of Foreign Affairs, Carlos Gurdüin Debayle,
rejected yesterday a proposai from his Costa Rican counterpart, Walter
Nîehaus, for the European Union to serve as mediator between both countries
to resolve the conflict over the San Juan River.
The Nicaraguan rejection to Niehaus'proposai, made in San Salvador during a
meeting of Central American Deputy Ministers of Foreign Affairs with
European Union representatives, was followed by a session to 'settle
differences'."
(..) Annex 154
"Vessels investigated"
in La Nac ion,San José, 17January 1999 TRANSLATION
VESSELS INVESTIGATED
LA NACION, San José,Sunday 17 January, 1999
The capture oftwo boats with 19 kilograms of cocaïne in the vicinity of the San
Juan de1Norte, in Nicaragua, finally convinced the authorities of that country
of the existence of drug trafficking network on that water way.
The Costa Rican Salomon Orozco and Nicaraguan Alejandro Reyes are
accused of being responsible for the shipment. The former manned the vesse!
Andrea n, while the other boat had no name, informed Vicente Arce, the Costa
Rican consul.
Both vessels had secret compartments, one of which carried 18 kilograms of
cocaine, and in the other only one kilogram.
Accordîng to a report by the Nicaraguan National Police to the Costa Rican
consul, they do not know the origin of the drugs.
"The zone is a drug trafficking route, mainly because there is no police in the
municipality of San Juan del Norte and since its inhabitants work on the
coconut plantations, and when the harvest is finished, they sell the drugs that
they find along the river", stated the document.
For this actîvity, stated the authorities, high-powered motor boats are used,
such as those detained, which transit at night.
In this case, Orozco and Reyes were arrested at 11:20 PM on Thursday at the
mouth of the Indio River, near the Barra del Colorado, and their vessels had
motors that reached 150 horsepower, police assured. According to them, the
cocaine was heading towards Costa Rica.
Although they tried to flee, four anny soldiers followed them. On Friday,
police officers of San Carlos, Nicaragua traveled to San Juan del Norte, located
287 kilometers away- in order to take the suspects.
At that location,Orozco and Reyes rernained under the orders of Judge Marta
Ruiz, who will conduct the drug trafficking case. In addition, beth are to be
interrogated with the idea of deterrnining if other people are acting as
accomplices. Annex ·tss
"San Juan: Calm and uneasiness"
in La Naciôn, San José,4 July 1999 TRANSLATION
SAN JUAN: CALM AND UNEASINESS
(Extracts)
LA NACION, San José,Sunday 4 July, 1999
Costa Ricans resent lack of police patrol
• $5 charged for navigating on the Costa Rica margin
(...)
As does L6pez, who raised 13 children in this remote area, neighbors from
other nearby settlements affirm that the only thing that has changed in the past
year is that the Costa Rican police no longer navigate along the San Juan River
and rarely visit them.
The police retreat generates certain uneasiness. Farrner Rigoberto Acevedo,
from San Antonio, Sarapiqui, stated that, although he understands the
limitations that the authorities now have in traveling through the region, their
presence 1snecessary.
"Ifthere were an emergency here, we would not have anyone to rescue us", he
wamed.
The presence of officers has been almost completely reduced in the settlements
along the Costa Rican river bank, since the Nicaraguan govemment forbade
on July 15, 1998- the navigation of armed Costa Rican police officers on the
San Juan River.
Juan Alfaro, head of Costa Rica's Delta post- in Sarapiqui-, explained that the
decision made by the govemment of President Amoldo Aleman's bas forced
Costa Rican Police border patroJs to access the different guard posts by land.
He stated that the joumey through the mountain and fields is extremely
difficult, due to the terrible state of the roads.
They Miss the River
Police officers manning the guard post known as Delta 14, in Curefia,
Sarapiqui, say that they are the ones who are most affected by Nicaragua's
limitations.Before, it took them Jess than two hours to travel by boat from the Atlantic
Command in Puerto Vîejo, Sarapiqui to Delta 14. Now they must travel seven
hours by car on a very rustic roadway and even walk the last two kilometers.
La Naci6n traveled to that guard post as partof a 70 kilometer tour on Thursday
and Friday, through the settlements and villages adjacent to the river border.
Delta 14 has no mean of transportation, not even a barse, and the nearest
neighbor that owns a boat, Carlos Espinoza, lives two kilometers away. In
addition, the radio equipment used for communication is often in disrepair for
many days.
Police officer Ricardo Chaves admitted that, in the event of an emergency, they
would not be able to respond îrnmediately.
JoséCalderon who is 58 years-old and bas worked for the Public Securîty
Minîstry for 14 of those years revealed that his greatest wish was for the
Nicaraguan govemment to revoke the prohibition. "We want to go back to
traveling along the river. We dream about that".
The head of the Nicaraguan Arrny post at Boca Sarapiqui, who only identified
hîmself as "Lieutenant Calderon", stated that the dispute over the navigation of
Costa Rican police along the San Juan is already resolved.
"The only thing that Costa Rica has to do is respect the decision of the
Nicaraguan govemment", he indicated.
Malaise due to fees
Sorne Costa Ricans, who do not live on the San Juan River bank but who have
properties there, complain that for approximately the past four weeks the
Nicaraguan immigration authorities have been charging $5 (US) for navigating
even on the Costa Rican margin of the river.
Everyone who wants ta travel on the river must report themselves at an
immigration post installed by the Nicaraguans at Boca Sarapiqui.
Here, those who do not reside in that sector must huy a tourist card, even if they
are not planning on crossing the border. Navigation is allowed only from 6AM
to 5:30PM; after those hours transit is allowed only for emergencies.
Aclimaco Salazar, from San Carlos and owner of a farrn in Delta Costa Rica,
affirrned that he had never been charged before.
After complying with these requîrements, La Naci6n asked Celso Rivas, at the
Nicaraguan post, about the charge and he lirnited to responding that he was
only obeying orders. Annex 156
"Costa Rica declares bilateral dialogue exhausted.
Govemment requests mediation by the OAS"
in Press Release, Press Office ofthe Ministry
of Foreign Affairs of Costa Rica, 3 March 2000 TRANSLATION
COSTA RICA DECLARES BILATERAL DIALGOUE EXHAUSTED
GOVERNMENT REQUESTS MEDIATION BY THE O.A.S.
PRESS OFFICE OF THE MINISTRY OF FOREIGN AFFAIRS OF
COSTA RICA, San José,Friday 3 March, 2000
Due to the free navigation dispute on the San Juan River
Last night, after a fruitless conversation in which President Miguel Angel
Rodriguez, tried to reach a definitive agreement regarding the free navigation
of official Costa Rican vessels on the San Juan River, and after many
prodigious efforts in favor of dialogue and pacifie negotiation mechanisms
through the Foreign Affairs Ministry, the Republic of Costa Rica has·finally
exhausted bilateral dialogue as a means arriving at a solution to the dispute
originated on July 15, 1998, when the Republic of Nicaragua decided to
establish unilateral prohibitions to the free navigation of that maritime route.
The official statement of that decision was delivered today to the President of
the Permanent Council of the Organization of American States, OAS, Mr.
James Schofield Murphy in which, the govemment of the Republic of Costa
Rica, faithful to its peaceful vocation, requests that theent Council of
that organization to be convened in order to appoint a special representative to
mediate the situation, facihtate effective dialogue and formulate
recommendations that will be conducive to resolving the uncomfortable and
tense situation that prevails and prevent actions that may alter peacethe
hemisphere. We have, thus, expressly requested that the Bogota Pact be
activated and that the Inter~Amer ireatn of Reciprocal Assistance be
instated as a mediation process between the parties.
Likewise, Costa Rica has requested to the Organization of American States, in
order to avoid any ulterior conflict wîth the Nicaraguan authorities, to notify
the government of the Republic of Nicaragua of its obligation in finding a
peaceful solution to this controversy, and prevent them to refrain from
hindering through the use of force, or any other action, the free navigation of
official Costa Rican vessels carrying their duly registered normal arms.
In addition, Costa Rica expressly requests that the transitta Rican fiscal
police and border control vessels on the San Juan River be reinstated, under the
same conditions that existed before this conflict arose. Annex 157
"The San Juan River belongs to Nicaragua"
in Press Release, Press Office of the Ministry
of Foreign Affairs of Nicaragua, 6 March 2000 683
TRANSLATION
THE SAN JUAN RIVER BELONGS TO NICARAGUA
PRESS OFFICE OF THE MINISTRY OF FOREIGN AFFAIRS OF
NICARAGUA, Managua, 6 March, 2000
The San Juan River is a national river which crosses the entire territory of
Nicaragua. The boundary between Nicaragua and Costa Rica was established
in the Jerez-Canas Treaty signed on 15 April 1858.
Nicaragua's rights were set down in article 6, in particular, of the
aforementioned document, which declares: "The Republic of Nicaragua shall
have exclusively the dominion and sovereignjurisdiction over the waters of the
San Juan river from its origin in the Lake to its mouth in the Atlantic; but the
Republic of Costa Rica shaHhave the perpetuai right of free navigation on the
said waters, between the said mouth and the point, three English miles distant
from Castille Viejo, said navigation being for the purposes of commerce
[objetos de comercio] either with Nicaragua or with the interiorf Costa Rica,
through the San Carlos river, the Sarapiqui, or any other way proceeding from
the portion of the bank of the San Juan river, which is hereby declared to belong
to Costa Rica. The vessels of both countries shall have the power to land
indiscriminately on either side of the river at the portion thereof where the
navigation is common; and no charges of any kind, or duties, shaHbe collected
unJesswhen levied by mutuai consent of both Govemments."
The above means that the Republic of Nicaragua exercises, beyond any doubt,
its full sovereignty, control and jurisdiction over the entire length of the San
Juan River. This categorically and absolutely reaffirms the fact that Nicaragua,
as the sovereign power of the waterway and the river bed, has every right to
impose control measures and regulations regarding the San Juan River, whether
they be of a migratory, sanitary, customs, jurisdictional or security nature or
related to the protectionf resources and the ecology.
For the Republic ofNicaragua, both the Nicaraguan sovereignty over the San
Juan River and the Republic of Costa Rica's navigation rights, con objetos de
comercio, to the said river, are clearly stated in the Jerez-Canas Treaty858.
This treaty, which is currently in force and respected by the Republic of
Nicaragua, establishes limits to the rights it grants Costa Rica such as the fact
that these are only applicable to the part of the river where the southem bank
belongs to Costa Rica and not to the part where the two banks are Nicaraguan;
that the navigation rights granted to Costa Rica only apply to that con objetos
de comercio; and that this commercial navigation is exclusively with
Nicaragua or inland Costa Rica.Nicaragua's rights were reasserted by the Award of President Grever Cleveland
in 1888, which states in its second paragraph that "The Republic of Costa Rica
has not the right of navigation of the San Juan River with vessels of war; but
she may navigate said river with such vessels of the Revenue Service as may
be related to and connected with ber enjoyment of the "purposes of commerce"
accorded to ber in said article, or as may be necessary to the protection of said
enjoyment".
The intention of the present Govemment of the Republic of Costa Rica is that
its authoritîes may navigate the San Juan River in their official vessels carrying
their service arms, thereby distorting the San Juan River's legal regulations by
trying to turn a national river into an international one that is subject to the
shared sovereignty of both countries. In this sense, the Cleveland Award does
not refer to ail Costa Rican authorities but rather just to revenue service vessels
related tocommercial purposes.
Over the past few months the govemments of Nicaragua and Costa Rica have
been holding talks on mechanisms of cooperation in the border zone, especially
in relation to criminal activities related to cattle robbery, contraband, common
delinquency; and on the possible demarcation of the maritime border. On
Friday 3 March Costa Rica suspended the aforementioned negotiations and
appealed to the Permanent Council of the Organization of American States,
requesting their intervention and that they name a mediator, and specifically
requesting that the Bogota Pact and the Inter-American Reciprocal Assistance
Treaty be activated.
It surprises the Republic ofNicaragua that the Costa Rican govemment should
make such a request when relations between the two countries are not strained,
nor has there been any additional movement of the troops of either of the two
countries towards the border. Likewise, it is worth noting that the migration
posts continue to function normally.
In this sense, in declarations made to ACAN-EFE, on the same day, 3 March,
President Miguel Angel Rodriguez reiterated that "his country has no concem
whatsoever" regarding possible attacks or threats made by Nicaragua and that
he appealed to international arbitration "because an agreement has not been
reached" ... For his part, the Costa Rican Minister ofSecurity, Rogelio Rames,
declared to ACAN-EFE that the river's border zone is "absolutely normal".
"We have a dispute over an aspect of navigation regarding the San Juan River.
We are not mobilizing additional police to the area and nor are the Nicaraguans
and we hope to resolve the conflict through the OAS."
In the Republic ofNicaragua's opinion, what Costa Rica is proposing is strictly
of a legal nature since it is related to the interpretation of the international
instruments currently in force between the two countries, and that regulaterights regarding the San Juan River. Consequently, the solution should be
reached via legal channels and any political solution giving Costa Rica
additional rights is not acceptable.
The Republic ofNicaragua, which is open to dialogue and fully cornmitted to
strengthening the ties of friendship and cooperation that unite the govemments
and peoples of both republics, reaffirms its strict adherence to International
Law and, in the present case, to the international instruments establishing the
legal status of the San Juan River. ' Annex 158
"OAS Secretary General Facilitates Reinitiating
Dialogue between Costa Rica and Nicaragua"
in Press Release of the Organization of American
States, Washington D.C., 8 March 2000 TRANSLATION
OAS SECRETARY GENERAL FACILITATES REINITJATING
DIALOGUE BETWEEN
COSTA RICA AND NICARAGUA
PRESS RELEASE OF THE ORGANIZATION OF AMERJCAN
STATES, Washington D.C, 8 March, 2000
Foreign Affairs Ministers from Costa Rica, Roberto Rojas, and Nicaragua,
Eduardo Montealegre, agreed today to reinitiate the bilateral dialogue and
accepted the rolef the Secretary General of the Organization of American
States (OAS), CésarGaviria, as facilitator of this process.
The announcement was made after a session of the Permanent Council presided
by Ambassador to Belize, James Schofield Murphy, was reconvened. "We now
hope to begin working with a possible agenda to reinitiate a dialogue which we
ali hope will produce results and resolve this matter", stated the Secretary
General, who also mentioned suggestions proposed by various delegations
from Member States for both nations to reestablish their dialogue and find an
amicable solution to their differences.
Previously, the Costa Rican Foreign Affairs Minister had invoked the Jnter
American instruments on a peaceful settlement of controversies to try to end
"the worrisome situation" that has been occurring with Nicaragua since July
1998, regarding the scope the right to free navigation on the San Juan River.
The Nicaraguan Foreign Affairs Minister bad expressed the scopeof the
aforementioned Treaty ofLimits, aftirming that his country exercises "without
any discussion, full sovereignty, control and jurisdiction over the entire
extension of the San Juan River and that the rights of Costa Rica, which
Nicaragua has always respected, are limited to free navigation on a branch
the river and only for transporting "objects of commerce". Annex 159
"Costa Rica forced to accept the dominion of Nicaragua over the San Juan"
in La Noticia, Managua, 17 March 2000 TRANSLATION
COSTA RICA FORCE.D TO ACCEPT THE DOMINION OF
NICARAGUAOVER THE SAN JUAN
(Extracts)
LA NOTICrA, Managua, Friday 17 March, 2000
Foreign Affairs Minister Eduardo Montealegre said that "if' the Costa Rican
Civil Guard was authorized to navigate in the San Juan River armed, that corps
must submit to ali the controls that Nicaragua deems necessary.
"The position of Nicaragua is clear. The San Juan River is Nicaraguan, and
navigation on it is ruled by the laws and the Constitution of the country:', said .
Montealegre.
The conversations between both countries on several border issues started on
Wednesday, but they only lasted three hours, although they were supposed to
end on Thursday. The reason, said the Costa Rican Foreign Affairs Minister,
Roberto Rojas, is the interpretation that each country makes of the Cleveland
Award. This was confirmed by Montealegre.
Rojas said that his country "has not ruled out" that they might have to recur to
a third party. "If I read it one way, and they read it differently, maybe we need
someone else to interpret it'',he said.
In response to severa! questions by the media, Montealegre said that "the
position is clear, because for a mediation to happen both parties have to agree
toit". Nicaragua wîll not accept another interpretation of the said document, he
added.
(..)
Although the meeting was suspended, Montealegre assured that it was
"positive". Next week, Foreign Affairs Vice-Ministers JoséAdan Guerra, and
Walter Niehaus, from Nicaragua and Costa Rica respectively, will continue
with the conversations in Managua.
(..)
The Secretary General of the Organization of American States (OAS), César
Gaviria, initially would not make any statements about reinitiating the
conversations between both countries, in which he acts as "Facilitator".But representatives of the foreign and local media, gathered at the Foreign
Ministry, comered him to get his point of view.
"1 can only say that there have been interesting approaches", he said after
leaving the place hastily, with the helpf the OAS representative in Nicaragua,
Sergio Caramagna. Annex 160
"Permits to Navigate Armed'?"
in El Nuevo Diario, Managua, 17 March 2000 TRANSLATION
PERMITS TO NAVJGATE ARMED?
(Extracts)
EL NUEVO DIARIO, Managua Friday, 17 March, 2000.
• t is a possibility, says the Foreign Minister, and it would be for a
limited time with the custody from vessels of the Nicaraguan Army
• .Foreign Affairs would not grant the permissions
Foreign Affairs Minister Eduardo Montealegre did not rule out that Nicaragua
could authorize armed Costa Ricans to navigate on the San Juan River, under
special circumstances and for specifie purposes, for a limited time, guarded by
vessels of the Nicaraguan Anny, as it was done until 1998.
Montealegre recalled yesterday that in the past, Costa Rica requested permits
that were granted by the corresponding Nicaraguan authorities, until 1998,
when the Public Force, particularly Minister Lizano, decided ovemight that
they did not need to ask for permission.
"That is the difference", said Montealegre, after emphasizing that in the past
permissions were requested and granted. He explained that, in any case if the
corresponding authorities granted the permit, they would still need to be
guarded by the vessels of the N icaraguan Army.
(..)
"If Costa Rican authorities request the permit, under specifie circumstances
and purposes, for a limited time, the corresponding authorities would have to
decide, butthis would not be a decision of the Ministry of Foreign Affairs", he
clarified.
Montealegre explained that there are three types of navigation: navigation with
purposes of commerce [objeto de comercio], along a portion of the San Juan
River, to which Costa Rica has perpetuai rights, there is another type of
navigation in another portion of the river to which they are not entitled, and the
third typeis armed navigation, to which they are not entitled either.
There are approaches
The Secretary General of the Organization of American States (OAS), Doctor
CésarGaviria, said that the outcome of the first meeting between the ForeignMinisters of Nicaragua and Costa Rica, Montealegre and Roberto Rojas,
respectively, could be summarized as "there have been interestîng approaches".
Gaviria acts as a facilitator in the conversations between Nicaragua and Costa
Rica, concerning the armed navigation of Costa Ricans on the San Juan River.
(...) Annex 161
"Dialogue regarding River at a dead end''
inLa Nacion, San José, 4 April 2000 TRANSLATION
DIALOGUE REGARDING RIVER AT ADEAD END
(Extracts)
LA NACION, San José,Thesday 4 April, 2000
• OAS has ended its task as facilitator
Managua. Yesterday - at the Foreign Affairs Minîstry - Costa Rica and
Nicaragua ended- with no results- the round of bilateral dialogue facilitated by
the OAS which aspired to finding a solution to the dispute due to the navigation
of anned Costa Rican police on the San Juan River.
(...)
Costa Rican Foreign Affairs Minister Roberto Rojas; Nicaragua Foreign
Affairs Minister, Eduardo Montealegre, and the Secretary General of the
Organization of American States (OAS), CésarGaviria,. limited themselves to
making statements at a press conference in the interest of the parties in order to
maintain an open communications channel through dialogue and recur to other ·
diplomatie alternatives.
"The bilateral channel has not been exhausted. What has been exhausted is
facilitation by the OAS. But there can be other proceedings within the same
organîzatîon", affirmed Rojas.
(...)
End without an End
"What we have resolved today is to thank the Secretary General for this
facilitation and declare this stage as concluded. As governments we are going
to search for these alternative solutions(... ) we think that the solution is near
enough to not have to recur to greater extremes", said Rojas.
He emphasized that "the diplomatie and bilateral channel continues to remain
open" and we will continue to seek another mechanism in order to find a
solution.
"The dialogue continues; it is a bilateral discussion and we are going to
continue to explore alternatives in order to arrive at a happy conclusion",
manifested Montealegre.Gaviria attested "faith and witness" regardîng the goodwill of both
govemments in finding a solution to the dispute and certified the will of both
delegations for examining each other's position and finding sorne "interesting"
approximations towards an exit.
(..) Annex 162
"Nicaraguan Govemment charges 1500 colones to each
Costa Rican who navigates in the San Juan for a short while"
in Diario La éJ.:tra,San José, Il April 2000 695
TRANSLATION
NICARAGUAN GOVERNMENT CHARGES 1500 COLONES TO
EACH COSTA RICAN WHO NAVIGATES ON THE SAN JUAN FOR
A SHORT WHILE
(Extracts)
DIARIO EXTRA, San Jose, Tuesday 11April, 2000·
•A Costa Rican traveling from Sarapiqui to Tortuguero must navigate
on a section of the San Juan River. A toll bad never been charged
given the good relations existing between Nicaraguans and Costa
Ricans. But now, Aleman does not allow anyone ~o go through
without paying.
(..)
Nevertheless, there is something that no one has mentioned and that is the
manner in which the fe~ are charged to Costa Ricans, who must travel along
the San Juan because of the fact that the area Iacks roads.
12 Years of Activity
(..)
Although navigation on the Sarapiqui towards the San Juan has occurred since
the Pre-Columbian era, and is currently the only means of communication for
many f!lmilies, it is the tourism activity that.has made this area known to the
world. . .
Enriquez reminded that it was hoatman Ruben Lao who took ,the first tourists ·
from the Sarapiqui down the river towards Barra del Colorado. That)s how the
affluence of tourists slowly increased until it became the activity with which
more than a hundred people working for the 32 boat-owners operating on the
river made a living.
In addition ~o this activity, other people, such as those who sell different
products at the harbor, depend on the river indirectly. And, there area those
own restaurants, coffee shops and hotels located near the harbor as weil as
along.the river bank in the·center of Puer.o Viejo and neighboring areas.
(..)696
On the other hand, since tourism is the main source of income in the region, the
intransigence of Aleman's govemment has led to a considerable decrease in
tourism which, in turn, has caused great anguish for small businessmen
meaning, not only the death of tourism in the area, but also of commerce and
other activities.
An Aquatic Toll
The position taken by the Nicaraguan govemment of Amoldo Alemân cornes
to establish sorne kind of waterway toll aimed only at vessels bearing a Costa
Rican flag.
Arnoldo Aleman became upset when he saw Costa Rican police traveling with
their weapons in order to relieve their fellow officers at the border guard posts.
Later he took action against individuals and foreign tourists.
(.- .).
However, now it bas extended to the Costa Rican civilian population and
foreigners visiting Costa Rica.
In this rnanner, he ordered to charge 1,500 colones to each Tico who had to
navigate on that river in order to travel from one place to another in Costa
Rican territory.
The "pinolero" govemment charges 2 thousand colones to each vessel bearing
the Costa Riean flag and five dollars for each passenger that travels through the
San Juan. But what is most surprising is that if the foreigner is, for sorne
reason, not carrying dollars, the boatman transporting them must look for them
wherever he can and pay the new "toi\". On the contrary, no one can pass.
According to sorne, the only orres who do not pay this "toll" are the Nicas who
cross the river in order to enter Costa Rica in search of better economie
conditions and send money eamed in Costa Rica to their families living in
Nicaragua, as weil as a few Costa Rican families living on the bank of the San
Juan who are well known by the Nicaraguan officers. Nevertheless, Costa
Rican boats that travet from one place to the other must pay the 2 thousand
colones.
According to a representative of the Costa Rican boatmem, the most frequent
route for either foreign or national tourists is Puerto Viejo -Sarapiqui
Tortuguero. This route uses most of the Sarapiqui River and a part of the San
Juan in order to re-enter Costa Rican territory and then travel from Barra delColorado to the Tortuguero Canals. For this reason, the Nicaraguans are taking
advantage of the situation in order to charge anyone traveling along the San
Juan branch.
(..)
But given the position assumed by the Nica govemment, entire groups of20 to
26 people arriving at Puerto Viejo to take the tour decide against it and retum
home when they realize that they must pay 1.500 colones to the Nicaraguans
simply for navigating on the San Juan. Annex 163
"Nicaragua asks for a Costa Rican proposai"
inLa Naci6n, San José,18 June 2000 TRANSLATION
NICARAGUAASKS FORA COSTA Rl.CAN PROPOSAL
(Extract)
LA NACION, San Jose, Sunday, 18 June, 2000
Contlict over the San Juan River
• Presidents don't define agreements in Panama
Panama. The President of Nicaragua, Arnoldo Aleman, yesterday asked the
President of Costa Rica, Miguel Angel Rodriguez, for a specifie proposai to
solve the conflict between both countries, over the navigation of Costa Rîcan
armed police officers in thean Juan River.
"1 have asked Miguel Angel (Rodriguez) to send me a proposai on how they
want to solve the issue of the navigation oftheir police officers in the San Juan
river, so we can also know when they do so", said Aleman during a press
conference held yesterday in the Garnboa Rainforest Resort hotel, in the capital
of Panama, after a meeting of Central American governors.
In the setting of this meeting of presidents, during which they analyzed border
disputes between Central American countries, Aleman insisted that his country
bas no border conflicts with Costa Rica.
"We have bad sorne problems of interpretation over the navigation in a river
where Nicaragua has the dominion and highest empire."
On the other hand, Rodriguez said they would send the Costa Rican proposai
to Managua within the next few weeks. "1 received the petition of President
Aleman, we will analyze it, anwe will send the document within the next few
,
days. Annex 164
"San Juan spices up relationship with Nicaraguans"
in La Naci6n, San José, 10 July 2000 TRANSLATION
SAN JUAN SPICES UP RELATIONSHIP WITH NICARAGUANS
(Extracts)
.LANACION, San José,Monday, 10 July, 2000
(..)
Anxious neighbors
But, how do the neighbors in the area feel? Ennicinda Sunsing, who resides in
Fatima de Sarapiqui, Marna L6pez from San Antonio de Sarapiquî, Ventura
Monge from Delta Costa Rica (also in Sarapiqui) and Isidro Quesada from
Boca San Carlos, each consulted separately, coincided about knowing the
agreement, but found it strange that it still band not been enforced.
"The Costa Rican police have not yet traveled clown here. We still have not
seen them on the river", stated Sunsing, who bas lived in the area for 41 years.
"I do hope that they retum soon. We really need them here since there are
many undocumented people who are coming over from the other side and are
giving us much trouble", stated Maria Cristina Arrieta, a farm owner at the
small community of La Tigra.
"My house was broken into and ali of my food was stolen, even my watch",
stated Ventura Monge.
"The Nicaraguan soldiers do not allow us to take fish or shrimp out of the river
which we used to sell to tourists and use that money to buy our food each day",
cornplained Maura L6pez, a mother of 11children.
(..)
Nothing Has Changed on the River
Northem Border. For Eli Morales everything is very clear. "Nothing here bas
changed. For us, the Costa Rican Police, everything is the sarne since we
continue not being allowed to enter the river". He is the head of the border
guard post at Trinidad de Sarapiqui.
Upon crossing the controversial mouth of the San Juan River, in front of La
Trinidad, Sargeant JoséLeiton, head of the garrison of the Nicaraguan Anny
leaves no doubt: "The prohibition for the Costa Rican Police to navigate on the
river bas not been lifted".The statements by both officiais reflect the reality of what is occurring in the
abundant, conflicting and at the same time peaceful San Juan River, ten days
after the president of the bordering countries announced, without providing any
details, the end of the dispute that burst on July 12, 1998. On that day,
President Amoldo Aleman forbade Costa Rican police from navîgating on the
river with their regulation weapons.
( ..) Annex 165
"Intense anns control"
in La Naci6n, San José,25 September 2000 703
TRANSLATION
INTENSE ARMS CONTROL
LA NACION, San José,Thursday 25 September, 2000
• Little activity on the San Juan causes concern
Northem Zone. Surprise inspections on the Frio and Medio Queso rivers in
Los Chiles, and the opening of mobile posts in Upala, Guatuso and San Carlos
are partof the measures put into place by the rural police in this sector of thè
country in order to combat arms trafficking.
Modem metal detectors, being used for the first time as well as careful
inspection of ali vehicles, are among the activities that have been taking place
for the past two weeks, aftert was confirmed that the country is being used as
a bridge for arms trafficking between Nicaragua and Colombia.
As a result, there is an alert from Pena's Blanca's in Guanacaste, to Barra Del
Colorado in Limon.
The alert also involves the Organism for JudicialInvestigaüon (OIJ) and the
Intelligence and Security Directorate (DIS)
Days earlier, the Panamanian Police confiscated two arsenals which were
believed to have passed through Costa Rican territory.
Surveillance on the Rivers
In Los Chiles, police not only pay special attention to boats navigating on the
Frio River from San Carlos de Nicaragua, but also to those that pick up
undocumented people at the edge of the San Juan River and then enter Costa
Rican territory through the Medio Queso River.
According to police reports, there are groups working between Costa Rica and
Nicaragua that take advantage of arms caches that are buried after armed
conflicts in the neighbouring country, in order to negotiate them with the
Revolutionary Anned Forces (FARC) ofColombia
White an AK-47 rifle in the Northem Zone cao be bought for 15.000 Colones
and even in exchange for food, in Colornbia it costs approximately 750.000
Colones
According to a Nicaraguan Army intelligence report, in 1997,a loadf 80 rifles
entered Costa Rica.The vendors were former Contras and the buyers' members of a gang of
Panamanians and Colombians.
Edgar Hemândez, Regional Director of the Costa Rican Public Force in Ciudad
Quesada, and Gerardo Hemândez, who works in Los Chiles, told La Nacion,
that they were concerned about the lack of surveillance on the San Juan.
They added that there are areas that are entirely without any type of
surveillance, such as Cureiia and Remolinito de Sarapiqui.
The lack of police is due to the July 1998 measure by Nicaragua forbidding
armed Costa Rican police from navigating on the river.
Both police chiefs agreed that such a weakness could be currently being taken
advantage of by traffickers.
In 1994, 1996 and 1999, the weapons used for the kidnappings that took place
in Pital, Boca Tapada, Agua Zarcas and Cutris de San Carlos and most recently
in Cano Zapota de Pococi, entered the country through the San Juan River
bank, according to police. Annex 166
''Police were not allowed ·tonavigate"
in La Nacit)n, San José,28 September 2000 TRANSLATION
POLICE WERE NOT ALLOWED TO NAVIGATE
(Extracts)
LA NACION, San José,Thursday 28 September, 2000
Leaders will request an investigation
Northem Zone. Although they were unarmed and in civilian clothing, two
judicial agents and a rural guard were not able to navigate on the San Juan
River, at noon on Tuesday, after they did not obtain authorization at the
Nicaraguan Army post, in front of Boca San Carlos.
Fernando Araya and Juan Carlos Arias, from the Organism of Judicial
Investigation (OIJ) at Ciudad Quesada and Victor Julio Vargas, district delegate
at the Costa Rican Rural Guard at Pital, were traveling as part of an
investigation into a cattle theft at a farm located on the Costa Rican margin of
the river.
In order to reach the area, the group was to travet four kilometers up river from
Boca San Carlos to Cano Mairena, in order to respond to the report made by a
farmer of last name Moreno.
This man complained to the authorities about the theftoften cows, sorne which
were left slaughtered on his property.
However, they were never able to reach the location after Nicaraguan soldiers
told them they were not allow to transit after they arrived at the border post to
report themselves, as is obligatory.
According to the head of the post, who refused to identify himself, he had
received orders from his superiors not to allow any police pass even if they are
unarmed.
For ten minutes the agents insisted that they were conducting a judicial
investigation, but their explanations were useless.
(..)
Neighbors from Boca San Carlos, such as farmer JoséAguirre, consider that
given these guidelines, Nicaragua, perhaps, without doing so intentionally, is
generating impunity in that border zone since upon forbidding the
investigation, this area becomes a "no-man's land"A similar problem occurred last year when OIJ agents were not able to travel
on the San Juan to collect the body of a Nicaraguan who had drowned on the
Costa Rican margin.
(...) Annex 167
"Energetîc protest against Nicaragua''
inLa Naciôn. San José,29 September 2000 TRANSLATION
ENERGETIC PROTEST AGAINST NICARAGUA
LA NACION, San José, 29 September, 2000
The Nicaraguan Ambassador in Costa Rica, Mauricio Dîaz received a note
yesterday that encloses an energetic protest from the govemmentof Costa Rica
due to the fact that the Nicaraguan army impeded the navigation of Costa Rican
authorities last Tuesday 26 on the San Juan River.
The letter was delivered to Diaz at the Ministry of Foreign Affairs by Deputy
Minister ofF oreign Affairs Elayne Whyte, accordîng to a press release.
The text states that the incident is "a flagrant violation of to perpetuai right of
free navigation, established to the Republic of Costa Rica by the Canas-Jerez
Treaty of 1858, the Cleveland Award of 1888 and the judgrnent of the Central
American Court of Justice of 1916".
Two agents from the Organism of Judicial Investigation, Fernando Araya and
Juan Carlos Arias and civil guard Victor Julio Vargas were not able to carry out
a judicial errand with the purpose of investigating a cattle theft on a farm
located at the Costa Rican bank of the river, which couid only be accessed by
that waterway, as Nicaraguan soldiers did not allow them to pass at a point
located between Boca de San Carlos and Cano Mairena.
Yesterday, at Ciudad Quesada, the officers filed a report whereby the incident
was ratified.
Rogelio Ramos, Public Sacurity Minister, said yesterday that the head ofthe
Nicaraguan army, Javier Carrî6n, offered to investigate the incident; whîlst.the
Nicaraguan Foreign Affairs Minister, Eduardo Montealegre expressed his
doubts while in Guatemala about the "veracity of the information reported by
the Costa Rican press".
At the Guatemalan capital, where a meeting ofheads ofstate of the region with
Prime Minister Jean Chretien was taking place, President Miguel Angel
Rodriguez also addressed the issue with President Amoldo Alemàn, who
offered to cali him from Managua once the matter bad been investigated.
Hours before, Rodriguez stated that Aleman assured hirn that he would take the
necessary steps in order to avoid a similar situation in the future.Ramos indicated that this was the first police operation to take place on the San
Juan River since last July 25 when Rodriguez y Aleman reached an agreement
regarding the navigation on the San Juan River during a meeting in Mexico.
The Costa Rican minister acknowledged that the agreement between the
presidents, that ended almost two years of disputes, Jacks an operational
framework, since until the Nicaraguan Legislative Assembly does not approve
it, the military cannot establish any conditions. Annex 168
"Permission will be requested from the Congress for
the navigationof armed Costa Rican police"
m ACAN-EFE Press Agency, Madrid,
12 October 2000 TRANSLATION
PERMISSION WlLL BE REQUESTED FROM THE CONGRESS FOR
THE NAVIGATION OF ARMED COSTA RICAN POLICE
ACAN-EFE, Madrid, 12 October, 2000
NICARAGUA- COSTA RICA
Managua, 12 Oct. (ACAN-EFE) The govemment of Nicaragua will present a
request to the National Congress ofthat country, to authorize the Anny to grant
the corresponding pennits for the navigation of armed Costa Rican police
officers in the borderingn Juan River.
"The granting of those permits will remain to the good judgment of the Anny
and the corresponding authorîtîes that ward our national sovereignty", said
today, Wednesday, the president of Nicaragua, Amoldo Aleman.
"We are polishing up the project because you must remember that a person that
needs to corne to this country, even for hurnanitarîan purposes, needs an
authorîzatîon by the National Congress", added Aleman in a meeting with the
press, durîng a visit to the duty-free zoneanagua.
With the Parliament's approval, the governments of both countries will put an
end to a dispute that worsened in mid 1998, when the Nicaraguan Anny
prohibited Costa Rican police from navigating the River with anns, without a
previous permit.
Although this River belongs to Nicaragua, Costa Rica is allowed free
navigation in a stretch near its mouth in the Caribbean Sea, but according to the
authorities in Managua, it is only as long as it is for commercial purposes. Annex 169
"Nicas insist on charging"
in La Naci6n, San José,8 May 2001 TRANSLATION
NICAS lNSIST ON CHARGING
LA NACION, San José,Tuesday 8 May, 2001
Use of waters on the San Juan River
San Juan River and San Jose. When it was thought that it was a problem that
had been overcome, members of the Nicaraguan Army again insist on charging
$25 (8,126 colones) to each Costa Rican vessel navigating on the San Juan
River.
In addition, each passenger is charged $5 (1.625 colones). La Naci6n
confirmed that after visiting the area and collecting complaints from the
boatmen that usuaJiy navigate on the bordering river.
The Foreign Affairs Ministry confirmed yesterday that it had received
cornplaints in this regard and informed that a commission visited the area over
the weekend and is preparing a report on the matter.
Spokesperson Vilma Ibarra assured that the results of the report and the
possible steps that the government will take will not be known until the
Presidency analyzes them.
Last March 1st, a similar charge was denounced. However, the country
complained to Nicaragua and on April 25, Foreign Affairs Minister Roberto
Rojas announced the resolution to the problem after meeting with his
Nicaraguan counterpart, Francisco Aguirre.
Continues and double ...
La Naci6n travefed from Puerto Viejo aboard the vesse! Nube Viajera steered
by Hansi Lao. Upon arriving at the Nicaraguan Army post at Boca Sarapiqui,
Sergeant Trejos charged Lao $25 and handed him a $25 receipt (number 0306)
as an "international departure clearance". In addition he charged $5 per
passenger.
As inquired by Lao, the officer accepted that the amount was high, but
indicated that he was only following orders from his superiors.
The vesse! traveled down theSan Juan until ireached the Delta Nicaragua post
and then entered Costa Rican territory for one kilometer until it reached the
Delta Colorado Costa Rican guard post.On their return towards the San Juan at the Army post, Sergeant Erving Garcia
again charged him another $25 arguing that the vessel was again entering
Nicaraguan waters. Garcia handed the receipt 0406.
Luis Navarro, captain of another vessel, Samay Lagoon, who was contacted by
this newspaper, also confirmed the charges at those posts. He believes the
charge to be excessive and states that it discourages commerce and tourisrn.
Rosalio Cantillano, a Nicaraguan living in Toro Amarillo who uses the San
Juan River in order to buy plantains and sell them to the neighbors, cornplained
because he was told that he must also pay the charge.
"It'sjust crazy", he said complaining about the increase from the .1.000colones
that he usually pays.
Jorge Montero, a resident from the area asked for reciprocity since Costa Rica
does not charge Nicaraguan vessels "a cent" for using the Sarapiqui River for
supplying at Puerto Viejo. Annex 170
"An infuriating game"
in La Nacion, San José,9 May 2001 TRANSLATION
AN INFURJATING GAME
(Extract)
LA NACJON, San José,Wednesday 9 May, 2001.
• President Aleman continues to violate International Law
It is a never ending story that becornes a nightrnare with the passage of time
and, while it persists, slowly undennines Costa Rica's rights to free navigation
on the San Juan River. Two joumalists from La Nacion proved in situ, a few
days aga, that Nicaraguan army soldiers are illegally charging Costa Rican and
Nîcaraguan citizens residing in the area, for each vessel and each persan that
navigates on the San Juan River.
The facts, proven and narrated yesterday by our journalists, are serious. Each
vessel must pay $25 and each persan $5 for "the right" to navigate and for
"international anchorage", stated a sergeant in the corresponding receipt. In
addition, if a vessel navigates on the San Juan and is forced to touch Costa
Rican waters in arder to return to the river, it must again pay the corresponding
arnount. If a Nicaraguan who is a resident of Costa Rica travels on the San
Juan River in arder to reach a Costa Rican point for carrying out commercial
activities, that persan also mustbe subrnitted to this measure on the departure
and retum. On the contrary, Nicaraguans who use the Sarapiqui River daily in
arder to buy provisions and then retum to Nicaragua "do not pay a penny".
(..) Annex 171
"Nicaragua rejects arbitration"
in La Nacion, San José, Il May 2001 715
TRANSLATION
NICARAGUA REJECTS ARBITRATION
(Extracts)
LA NACION, San José, Friday 11 May, 2001
Pefi.asBlancas and San José.Yesterday, Nîcaraguan President Arnoldo Aleman
announced that he would not submit the border dispute with Costa Rica to
mediation or international arbitration.
During a visit made to his country's border facilities at Penas Blancas, he also
evaluated the $25 charged by soldiers from his Anny to every Costa Rican
vesse! that transits on the San Juan River.
A statement made to the correspondent for La Nacion responds to the
"energetic protest" presented this Wednesday to the Nicaraguan government by
the Costa Rican Foreign Affairs Ministry against the fees charged.
(..)
Nothing, nothing ..•
Aleman's visit to the border guard post in order to inaugurate a Ministry of
Agriculture office led to the border closing for more than five hours.
Regarding the Costa Rican request to recur to international mediation, A\eman
insisted that his country has "highest domain" over the river.
And added: "There is nothing and no reason for us to resort to an international
organization, nothing, nothing".
He maintained that charging Costa Rican vessels "is established by the Canas
Jerez Treaty''and insisted that "Costa Ricans must pay for navigating the San
Juan".
But he went further: he warned that the border disagreement is a dispute that
is "already resolved".
He stated that if Costa Rican police want to navigate on the river, they can do
so as long as they request permission and travel without weapons.
"We are not going to deny them that. What is taken away from them with their
asking for permission" he asked.He was categorical in that "the only police that can transit with weapons on the
river is the Nicaraguan and no other". Annex 172
"Bolafi.os seeasolution about the San Juan"
in La Naci6n, San José,28 February 2002 TRANSLATION
BOLANOS SEES A SOLUTION ABOUT THE SAN JUAN
(Extracts)
LA NACION, San José, Thursday, February 28, 2002.
Meeting with Rodriguez in Managua.
• Presidents ask Foreign Ministers to reinitiate dialogue
A clear answer: "I believe it is possible". That is what the president of
Nicaragua, Enrique Bolafi.ossaid when he was asked if he saw a solution to the
contlict between Costa Rica and Nicaragua on the navigation of Costa Rican
police officers in the San Juan river.
Bolafi.osspoke with Rodriguez here, for 45 minutes.
This happened after a Central American surnmit to prepare the joint meeting
with George Bush, on March 24, in El Salvador. As a first step, it was decided
to work toward the custorns union of the isthrnus.
Bolaîios - who took office on January 10 - and Rodriguez agreed that their
foreign affairs ministers should retake the conversations about the conflict,
which, since July 1998, hinders Costa Rican arrned police officers from
navigating in the San Juan, which partially delimits the border between both
countries.
Although they did not specify the process that will be followed by the two
rninisters in their conversations, the Nicaraguan minister, Norman Caldera, told
La Naci6n that one of the goals is to "desanjuanize" the relations with Costa
Rica.
He said this issue would be included in future meetings, but he mentioned that
the agenda between the countries "is very rich".
(..)
However, Bolaîios' torrewas totally conciliatory, as opposed to his predecessor,
Amoldo Alernan - now President of Congress- who refused to discuss the
subject white he was in office.
(..) Annex 173
"Bolafios prefers to deal with Pacheco on the San Juan case"
in La Prensa, Managua, 3 May 2002 TRANSLATION
BOLANOS PREFERS TO DEAL WITH PACHECO ON THE SAN
JUAN CASE
LA PRENSA, Managua, Friday 3 May, 2002
• Requests that Rodriguez not heed his Minis ter of Foreign Affairs
President Enrique Bolafios asked his counterpart in Costa Rica, Miguel Angel
Rodriguez, to not heed the advice given by the Minister of Foreign Affairs,
Roberto Rojas, who suggested Rodriguez sue Nicaragua before the
International Court of Justice in The Hague before leaving power.
Last Thursday, Rojas recommended that Rodriguez escalate the differences
between Costa Rica and Nicaragua since 1998 to the legallevel tory and solve
the dispute over the navigation of armed guards on the Nicaraguan side and the
border dispute ofthe San Juan River.
"The Ministry of Foreign Affairs has decided to recommend to the
President.. .and as the only solution to the existing conflict... that the issue be
escalated to the legallevel, having taken the corresponding previsions for that
purpose," Rojas declared in a press conference.
"During a press conference, Minister Rojas suggested to President Rodriguez
that he take this dispute with Nicaragua to The Hague before leaving power;
we hope that President Rodriguez does not follow this ill advice which doesn't
favor Central American harmony and especially, Central American integration.
He mentioned that he would also prefer to meet with President -elect, Abel
Pacheco, who will assume power next May gth; in other words, in five days.
"I would like to sit down with him and talk and negotiate. I ask President
Rodriguez not to rush into anything and especially, not to listen to the advice
given to him by the Minister of Foreign Affairs. I want to sit down with
President Pacheco and begin negotiations with him. This matter can be solved
amicably and in benefit of the peace of Central America. That is why we have
not taken any steps- because President Rodriguez leaves and it's better to talk
things over with the incoming President who will be there for the next 4 years,"
explained the Nicaraguan leader. Annex 174
"Nicas raise River charge''
in La Naci6n, San José,May 2002 TRANSLATION
NICAS RAISE RIVER CHARGE
(Extracts)
LA NACION, San José,Tuesday 21 May, 2002
•Costa Rican Foreign Affairs Minister asks the embassy to investigate
the matter.
Sarpiqui (Heredia). In the past two weeks, Costa Rican boatmen and neighbors
from the San Juan River border assured that the Nicaraguan authorities charged
an additional two dollars for navigating on the river.
Thus, the total tax that Costa Ricans pay in order for them to be allowed to
enter the controversial river has been raised to $9 (3,186), complained boatmen
and Sarapiqui residents last Saturday
Apparently, the measure is applied on weekends starting at noon, on Saturday
and holidays.
From Monday through Friday, Nicaragua charges a tax of $7 (2.478 colones)
which has been in effect since January.
"departure clearance" that can reach $25 for
In addition to this charge, a
boatman transiting along the river is also required.
The measure was communicated verbally to vessel owners last Thursday by
Nicaraguan military based in the Boca San Carlos village on the Northern
border.
The Charges
According to the complaints, the $9 are charged at the guard post that the
Nicaraguan Immigration Department established facing the mouth of the
Sarapiqui River.
The head of that office refuses to receive the toll in colones although, in the
past, they accepted national currency without any objection.
Although no Nicaraguan employee on the San Juan referred to the matter, on
Sunday, the head of the Nicaraguan Immigration office on the border of Penas
Blancas, Gustavo Peterson, admitted thatthe additional tariffhad been imposed
during the weekends.Peterson limited himself to say that it was related to a decision made by his
superiors and that it was being applied in ali Nicaraguan entrance points.
(..)
Immediate Consequences
For now, the consequences of this new charge are already being felt by local
boatmen.
Geovanny Navarro and Pablo Hernandez, who filed complaints, state that since
the measure bas been in effect, residents fromPuerto Viejo and the neighboring
areas have decided to suspend their weekend trips to Barra del Colorado and
Tortuguero.
"l already lost two tours and people are right. It's not fair that although we
have the right to travet freely on our side of the river and for short distances,
we must pay such a high priee", said Navarro.
Even if the trip from Puerto Viejo de Sarapiqui and Barra del Colorado lasts
about two and a half hours, Costa Rican vessels only need to travel on the San
Juan for 25 kilometers.
That is the distance from the mouth of the Sarapiqui - where one enters
Nicaraguan waters- and the area known as the Delta Colorado, where vessels
re-enter waters that are exclusively Costa Rican.
The communities of Fatima, La Culebra and San Antonio are located along the
Costa Rican bank of the San Juan River.
Its residents do not pay $9 although the vesse! owuers have to pay a departure
clearance of 1.000 to 2.000 colones.
ANGUlSH THAT DOESN'T CEASE
Economically speaking, this past year has not been a good one for Costa Rican
vesse! owners that offer tours from Puerto Viejo de Sarapiqui to Barra del
Colorado and Tortuguero in the Caribbean.
They are forced to travet on the San Juan River for half an hour.
For boatman Pablo Hemandez, the adversities began in April 2001, when the
Nicaraguan Anny, without any waming whatsoever, forced them to pay an
additional $25 to the 1.000 colones that they already paid.Hemandez stated that raising their tour fees in order to cover the priee increase,
has led to a decrease in national tourism.
Now with a $9 being charged to passengers, the situation has suddenly become
worse.
Like them, neighbors also complain. "I live in Puerto Viejo. 1have a farm on
our side of the San Juan River and in order to reach it 1travel 1,500 meters by
boat. For this distance, Nicaraguan officiais want me to paya sail fee of almost
4.000 colones. This is an intolerable abuse", stated one farmer who preferred
to remain anonymous. Annex 175
"Immigration confirms charge to Ticos on the San Juan"
in El Nuevo Diario, Managua, 22 May 2002 TRANSLATION
IMMIGRATION CONFIRMS CHARGE TO TICOS ON THE SAN
JUAN
EL NUEVO DIARIO, Managua, Wednesday 22 May, 2002
Where is that Money Going?
• A total of nine dollars per person and Ticos cry out
Nicaragua is putting order to the immigration rnovernent of Costa Ricans along
the Nicaraguan waters of the San Juan by charging two dollars per persan, both
for entering and for exiting, confirmed the Director General of Immigration,
Luis Rodolfo Torufio.
"It's not that a new tariff is being applied", stated licentiate Torufio, "what is
happening is that a customs fee is being applied which is clearly established by
Nicaraguan law".
Toruîio explaîned that any Costa Rican who wishes to enter the Nicaraguan
waters of the San Juan River must pay five dollars for a tourisrn card, two
dollars for entering and two dollars for exiting, as payrnent for an immigration
charge.
He added, "In total, every foreigner that pretends to enter the San Juan River,
which is Nicaraguan territory, must paya total ofnine dollars which is entirely
authorized a long tirne ago".
Luis Rodolfo Torufio recalled that the two dollars paid for entering the country
and the two dollars for exiting the country have been charged as an
immigration fee for a number of years in Peiias Blancas and Guasaule.
The official reiterates that the niue-dollars charged to al\ Costa Ricans wishing
to enter Nicaragua bas been established for many years, "but by an omission it
was not being fulfilled. Everywhere in the world, foreigners are charged a fee
for entering another country and the incomingof Costa Ricans through the San
Juan River cannat be the exception".
Toruîio revealed that an explanatory document is being prepared in order to
disseminate it to the Nicaraguan public as weil asto the diplomats at the Costa
Rican embassy in Nicaragua explaining why Nicaragua decided to apply the
custom charge to Costa Ricans wishing to enter our territory.Ticos cry out
Meanwhile, La Naci6n of Costa Rica published that in the last two weeks,
Costa Rican boatmen and neighbors of the San Juan River assured authorities
that Nicaraguans are charging an additional two dollars for traveling along the
nver.
"In this manner, the total charge that Costa Rican passengers must pay has been
raised toni ne dollars in arder to be allowed to enter the river, claimed boatmen
and residents from Sarapiqui", explains the story.
La Naci6n states that nine dollars are charged at the control post established by
the Nicaraguan Department of Immigration facing the mouth of the Sarapiqui
River.
Although no Nicaraguan officer referred to the matter at the San Juan, last
Sunday, the head of the Nicaraguan Immigration Office at the Penas Blancas
border zone, Gustavo Peterson, admitted that an additional tax had been
established during the weekend, states the newspaper.
"Peterson limited hîmselfto saying that it was related to a decision made by his
superiors and that it was being applied in all Nicaraguan entrance points", adds
the report.
Costa Rica's Foreign Affairs Minister, Roberto Tovar, stated that he was not
aware of this, since his office bad not been notified by the Nicaraguan
authorities.
For now, the Costa Rican newspaper states, the consequences of the new
charge are already affecting the local boatmen.
Giovanni Navarro and Pablo Hemandez, who both filed complaints, admitted
that since the measure has been in effect, residents from Puerto Viejo and
nearby communities have decided to suspend their weekend trips to Barra del
Colorado and Tortuguero.
Economically speaking, this past year bas not been a good one for the owners
of Costa Rican vessels that offer "tours" from Puerto Viejo de Sarapiqui to
Barra del Colorado and Tortuguero, in the Caribbean.
For boatman Pablo Hernandez, the adversities began in April 2001, when the
Nicaraguan Arrny, without any waming whatsoever, forced them to pay an
additional $25 to the one thousand colones that they already were paying.
According to La Naci6n, Hemandez ascertained that raising their fees in arder
to cover the priee increase, has led to a decrease in national tourism. Now with
the $9 charged to passengers, the situation bas become worse. Annex 176
"Costa Rica defends dialogue"
in Al Dia, San José,17 June 2002 727
TRANSLATION
COSTA RICA DE.FENDS DIALOGUE
(Extract)
AL DIA, San José, Monday, 17 June, 2002
Nicaraguan Congressmen Turn Down the Arrangement for the San Juan
River.
Costa Rica's govemment said yesterday that although liberal and sandinista
congressmen of Nicaragua are opposed to a settlement between Managua and
San Joséof the dispute over the San Juan river," the road to dialogue" to reach
an agreement is already open, in spite of diverging criteria.
The intention of Nicaraguan president, Enrique Bolaîios, of finding a prompt
solution to the conflict with Costa Rica because of free navigation in the San
Juan River, meets legislative rejection in his country.
When questioned on this issue, Costa Rica's Minister of the Presidency, Rina
Contreras, said that the government "opened the road to dialogue with its
Nicaraguan counterpart, they respect diverging positions, and they expect to
find a prompt solution to the conflict".
However, Nicaraguan legislators said yesterday in Managua, that Bolafios
cannot make verbal agreements with Costa Rica to allow armed Costa Rican
guards to navigate in theSan Juan River.
Last Friday, in a breakfast meeting with foreign correspondents, Bolafios said
that Costa Rica has never questioned Nicaragua's rights over the river, and that
his government would allow Costa Ricans to navigate in it.
The president implied that his govemment is willing to reverse the prohibition,
without signing any agreements. "I do not know how this will be done, but it
would be by mutual agreement. .. as it was done before the problem", he said.
Sandinista congressman, RenéNunez, told the moming paper La Noticia de
Managua that he disagreed with Bolafios.
The National Congress, he said, will oppose that verbal agreement suggested
by Bolafios to settle the conflict with Costa Rica. "Bolafios proposai attempts
against the country'ssovereignty", he said.
Liberal congressman, Wilfredo Navarro, first vice-president of the National
Congress, also lashed out against an eventual verbal agreement between bothcountries. "No anned tico will navigate in our river, because it goes against our
sovereignty and offends our national dignity", he declared.
(...) Annex 177
''Neighbours in the San Juan River Feel Defenceless"
in La Naci6n, San José,22 June 2002 TRANSLATION
NEIGHBOURS IN THE SAN JUAN RIVER .FEEL DEFENCELESS
(Extracts)
LA NAClON, San José,Saturday 22 June, 2002
Prohibition to police passage
• They are disappointed that Nicaragua charges for navigation
While the Costa Rican govemment detracts importance from the San Juan
River dispute with Nicaragua, neighbours in the river area fee! unprotected due
to the absence of Costa Rican police.
In addition to the lackof security, neighbours feel defenceless before the fees
charged by Nicaragua for use of the river.
La Naci6n toured the river on Tuesday and Wednesday of this week and
gathered first band testimony from the neighbours in the area.
The inhabitants of settlements such as Palo Seco, Cureîia or Fatima feel that
their security has withered since 15 July, 1998, when the Nicaraguan
government forbade the Costa Rican civil guards from transiting on the river
with their service arms.
"Before, our police would visit us almost every day; now up to two months
pass by and we just do not see them", manifested Carlos Rugama Guzman, a
neighbour of Fatima.
Transiting on the river was not only important for supplying 7 police posts, but
also for guarding the Costa Rican river bank which comprises 130 kilometres
of natural border.
Until July 1998, the passage of Costa Rican police on the San Juan River bad
been a usual practice for many years, in mutual agreement with Nicaragua.
In fact, the Publicecurity Ministry bas recorded 402 trips for supply purposes.
Missions of Mud
After Nicaragua's decision, supplying the guard posts to the west of the
Sarapiqui River mouth is now done by land.Taking supplies and relieving the guards every two weeks has become an
extremely difficult task at the Delta Costa Rica, Puerto Lindo and Barra del
Colorado Southern and Northern.
The operation which previously lasted one or two hours now reqmres a
minimum of 6 hours, if the rain and traits allow.
At !east three patrol vehicles have turned over and often the police are forced ·
to continue the joumey on foot, carrying food, clothing and their arms.
Access to the post on the mouth of the Sarapiqui, is possible without having to
cross the San Juan River but its police must walk through the mountains when
they need torun errands or deliver subpoenas.
For example, in order to rea ch Cureîia, the joumey lasts a day and a half and if
itrains they must wait for the tides from various rivers to recede.
This must be ali done on foot since they do not even have a horse, according to
Ramon Godinez, head of the post.
However, if the journey is done on the San Juan, it would not last more than 30
minutes.
"lfthere is an emergency due to a natural disaster or committed by someone, it
would be impossible for us to respond quickly", emphasized Godinez.
In order to reach Curefi.itade Sarapiqui, it can only be done through the San
Juan River. The guard post located there, known as Delta 14, was closed down
two years ago.
(..)
Charges
The Cafi.as-JerezTreaty of 1858 guarantees Costa Ricans the free transit on the
river, butit is already common for Nicaraguan authorities to charge people $9
(3.222 Colones) for navigating on the river
In addition, ali vessels must pay 1.000 Colones.
Flora Arguedas and her daughter Jacqueline Campos, who live in San José,
were travelling to Barra del Tortuguero on Tuesday on the vessel Tarkan and
they had to pay $2.00 for entering the river, $2.00 for exiting and $5.00 for the
required tourist card.They stated that the charge is an abuse by Nicaragua: "We, Costa Ricans have
the right to free navigation", they claimed.
William Rojas, president of the Tourism Chamber of Sarapiqui, considered that
the imposition of that charge discourages the presence of national tourism in
their region and assured that in fact a number of excursions have been
cancelled because of the elevated costs.
Voices on the River
Police and neighbours tell the difficulties that they face living under
Nicaraguan restrictions on the San Juan River.
The officers are worried about the difficulty in reaching their posts and perform
their duties; neighbours complain about being abandoned by the govemment.
Torture
Felix Amador, police officer of Delta Costa Rica.
"Each personnel relieve, either going or returning, is simply torture given ali
the difficulties that we must face due to the disastrous state of the Cano Zapata
Puerto Linda de Pococi roads.
"On occasions we have lasted up to seven hours travelling from Puerto Viejo
de Sarapiqui to Delta Costa Rica".
Tied
Ramon Godinez, head of the Costa Rican post at Boca Sarapiqui m the
province of Heredia.
"ln this area ali the commissions, such as delivering subpoenas, we must do
them on foot, walking through mountain trails and crossing rivers".
"Under these circumstances we feel that we are tied since our mobility capacity
is quitereduced".
Almost Never
Juan Guzman, farm owner in Fatima de Sarapiquî, Heredia.
"Since the Costa Rican police cannat travel upstream or downstream on the
San Juan, wc as neighbours in these settlements feelless protected". \
"Residents such as myself miss the times when the patrol boat from the Public
Security Ministry would remain at the edge of the river ready to answer any
cali in order to transport a wounded or sick person".
Marginated
Dianey G6mez, school teacher at Curefi.ade Sarapiqui.
"In order not to depend on the San Juan, the Costa Rican govemment must
build roads parallel to the river margin".
"We cannot continue to be oppressed by the whims of the Nicaraguan
authorities that control our right to free navigation guaranteed by the Cafi.as
Jerez Treaty at their convenience. "Historically, the government has not
listened to us".
(...) Annex 178
"The San Juan Frozen"
in La Prensa, Managua, 27 September 2002 TRANSLATION
THE SAN JUAN FROZEN
LA PRENSA, Managua, Friday 27 September, 2002
• Nicaragua and Costa Rica agree to suspend for three years claims and
lawsuits regarding the San Juan River
• Bolafios predicts that at the end of this term neither neighbouring
country will need to resolve their differences in the courts
The govemment of Costa Rica undertook yesterday to set aside for three years
any action or daims against Nicaragua in the international courts of justice
over disagreements related with the San Juan River, located in Nicaraguan
territory.
This moratorium, agreed to by the Presidents of Nicaragua and Costa Rica,
Abel Pacheco and Enrique Bolafios, is to provide more opportunity for
dialogue and to strengthen the friendship between both nations, confinned
Nicaraguan Foreign Minister Nonnan Caldera.
The bilaterai agreement has seven points and was signed during an
extraordinary summit of the Central American presidents in Alajuela, Costa
Rica, where Nicaragua also committed to freeze for three years its actions in
response to an eventual accusation at the .l.ntemational Court at The Hague.
President Bolafi.os stated, in San José, that "we always acknowledge the
International Court and precisely what we are doing now is establishing a
standstill period, but I am certain that in three years Nicaragua and Costa Rica
will not need to have recourse to any court".
The declaration by both govemments states that "Nothing in this Agreement
shall be interpreted or prejudged as being a renonciation of positions or a
relinquishment or weakening of the rights which each of the Parties holds and
retains in accordance with existing treaties in the framework of international
1aw."
Whàt Costa Rica and Nicaragua immediately eliminated are their charges for
bordering vicinal transit, which depends on vicinal permits.
In other business, the Central American presidents subscribed an agreement to
establish the headquarters of the regional energy regulator entities in
Guatemala, and negotiate the location of the electrica} companies in El
Salvador or Honduras.Foreign Minister Caldera inforrned that ali of isthmus' presidents agreed to
modernize the Central American Economie Integration Bank (BCIE) by
January 1, 2003 in order to present a united front during the Free Trade
Agreement negotiations with the United States (CAFTA).
The Reservation
Nicaragua rejected the jurisdiction of the International Court of Justice at The
Hague for the San Juan River case originating on treaties or arbitral awards
emitted before December 31, 1901.
During this period, the Canas-Jerez Treaty of 1858 and the Cleveland Award of
1888 were subscribed, establishing Nicaragua's sovereignty over the San Juan
River and Costa Rica's right to navigate on the river only for commercial
purposes.
Costa Rica and Nicaragua agreeçl, yesterday, to a standstill period of three
years, with the hope that afterwards it will not be necessary to have recourse to
any court, as explained by President Enrique Bolafios.
No more fees
Nicaragua and Costa Rica agreed to eliminate immigration charges starting
next January .st. Nicaraguans would cease to pay the 20 dollars visa fee to
Costa Rica and Costa Ricans would not need to pay the immigration card to
Nicaragua. Annex 179
"A river of calm and fees"
in La Naciôn. SanJosé, 1May 2003 TRANSLATION
A RIVER OF CALM AND FEES
.LANACION, San José,Wednesday 14 May, 2003
Only those residents of the San Juan River who are well-known by the
Nicaraguan authorities are not required to pay the fee they charge.
Everyone else must pay $5 for a tourist card and $4 for "entering and exiting
the river", even if they never set foot on Nicaraguan land.
A group from La Naci6n navigated along the San Juan yesterday from the
mouth of the Sarapîqui River up to the San Juan Delta and confirmed that they
had to pay the Nicaraguan taxes like any Costa Rîcan who did not live along
the river bank.
Boatman Gerardo Gonzalez stated that he hoped that Costa Rica would
convînce Nicaragua to eliminate these charges since fewer tourists have been
visiting the area from 1998.
ln addition, Nicaragua raised the cost of the navigation permit from 2.000 to
4.000 colones for boatmen.
Before 1998, these charges did not exist, stated Gonzalez.
Cordial
Although the prohibition against the navigation of Costa Rican police was
imposed five years ago, Costa Rican and Nicaraguan authorities maintain a
cordial relationship.
"We have a great collaborative relationship. There is zero conflict",
emphasized Costa Rican Public Safety Minister Rogelio Ramos.
The Nicaraguan arrny even gave the Costa Rican police materials to rebuild
one of the four guard posts on the river.
Since 1998, these guard posts have received their supplies by land every 15
days.
"U is complicated, but this problem isn't the end of the world", commented the
Minister.However, neighbours wish to have greater police presence in the area, since
they fear crime and the transit of strangers along the river. Annex 180
"Charge for Ticos travelling on the San Juan reinstated"
in El Nuevv Diario, Managua, 7 May 2004 737
TRANSLATION
CHARGE FOR TICOS TRAVELING ON THE SAN JUAN
REINSTATED
EL NUEVO DIARIO, Managua, Friday 7 May, 2004
Complains from residents who own properties on the border
Boca San Carlos (Northem Border) On 1May, the Nicaraguan Anny reinstated
a "toll" for Costa Ricans living on the bank of the San Juan River for
navigating on the river, complained various affected residentsto the Public
Force.
They demand that each of the residents who need to travel to their properties
located on the Costa Rican side of the San Juan River pay 700 colones.
This situation bas been going on, even though on 26 September, 2002, the
govemments of Costa Rica and Nicaragua signed an agreement that eliminated
"any charge that would affect the free border vicinal transit".
This agreement was included in the same document in which Costa Rica
accepted to postpone any type of international court process in order to resolve
the differences arising from anned Costa Rican police navigation on the San
Juan.
Since 1998, Managua has impeded such transit on the river.
The Cases
La Nacion knew of various cases that have occurred at the Army post at the
mouth of the San Carlos River.
Last Saturday and Monday, Jason Hemandez Vergas needed to travel 600
meters along the San Juan from Boca San Carlos to his farm as he does every
day. When he reported at the Army post he was charged a toll of 700 colones.
According to Hemandez, when he reached the post, they requested the payment
and told him that they will continue to charge everyone the feeue to orders
from theirsuperiors".
"We never expected this since they (Army members) frequent the shops at
Boca San Carlos and no one says anything to them", stated Hemandez.Luciano Santana, a resident from Cureiia de Sarapiqui - Heredia- was also
surprised on Saturday after he was charged the "toll" of700 colones in order to
navigate the river.
Santana denounced the situation to the Pital public force post.
He told police delegate Victor Julio Vargas that a sergeant sumamed Chavez
informed him of the toUwhen he went to report his entrance to the river.
The Nicaraguan officer also indicated that he was doing it under "orders from
his superiors". Vargasstated that he would inform his superiors at the Ministry
of Public Security.
Most of the Costa Ricans living on the San Juan River bank use the river on a
daily basis as a route for reaching their properties since many communitiesdo
not have another access route. The longest distance that they travet is six
kilometres.
Their documents were èonfiscated
Saturday at noon, Victor Valverde, Walter Rodriguez and Alexis Picado were
traveling on the Costa Rican bank of the San Juan River in Tiricias de Cutris,
San Carlos when they were intercepted.
A group of inspectors from the Nicaraguan Ministry of Environment and
Natural Resources (MARENA 1 Spanish acronym) detained them and
confiscated two ice boxes, a fishing rod, a bag with clothing and ali of their
persona\ documents.
They penalized the group of Costa Ricans for intending to fish in the waters of
the San Juan River. However, upon denouncing the incident to the Costa Rican
authorities, the affected party assured that as they did many other times, they
were heading to a nearby canal on the Costa Rican side where they use to fish.
The group explained that they were told by the employees from Marena to
retrieve their persona! documents at the Marena post in the Nicaraguan
community of El Castillo.
Rolando Potoy, head ofthe Police Force at Los Chiles, confirmed to La Naci6n,
that they had received the complaint from the three men. Annex 181
"The Northern Border: An open door for drug dealers"
in La Naci/m, San José, 13 June 2005 TRANSLATION
THE NORTHERN BORDER: AN OPEN DOOR
FOR DRUG DEALERS
(Extracts)
LA NACION, San José,Monday, 13 June, 2005.
Traffickers use more than 20 "blind passages"
Scarce police presence in 330 km of border line with Nicaragua
Paths and rivers help to evade antidrugs base in Peiia.s Blancas
Northem Border. During the last few years, more than 330 Kms of the border
with Nicaragua bas tumed into a buge open door for drug dealers to the North.
The almost non-existent presence of police officers in the border line and the
several paths, rivers and private landing strips that nobody controls, favour
drug dealers.
In this vast border strip there are over0 "blind passages", through where not
only drugs are secretly smuggled, but also guns, clothes, and cattle.
The vulnerability of the zone is greater, because of the complicity of sorne
farmers that lend their properties for smuggling activities.
(...)
Fatima Flores, second commander of the Police in Rivas, Nicaragua, spoke
clearly:
"There are at least 20 "blind passages" to cross from one country to the other.
Highly-pure drugs of are being smuggled from Costa Rica."
The facts proved she is right. Two months ago, the Police in Rivas, arrested
seven men with 130 kilos of cocaine in three light trucks, in the municipality
of Cardenas, bordering with Costa Rica.
Pree passage. The most vulnerable border area is a stretch that goes from Penas
Blancas to Santa Elena, and La Virgen de la Cruz, in Guanacaste.
This is an area of more than 50 Kms along the border, with weak police
presence.
Ali this vast territory must be patrol by one police officer, who does not have a
vehic\e. For Noel Guerrero, chief of the Northern Command of the Public Force, the
Jack of personnel, transportation, and communication equipment, complicates
the situation.
(..)
"Strange things happen here; a long time ago we could hear small airplanes at
night and at dawn that seemed to be trying to find the beach of the lake", told
Antonio Solorzano, a Nicaraguan that lives near the lake of Nicaragua.
In the case of Los Chi!es, only 10 police officers are distributed in five posts
along the 58 Kilometres that this canton of Alajuela shares with Nicaragua.
Last year, more than 100 kilos of cocaine, which the Nicaraguan police
confiscated in Santa Rosa de Rio San Juan, were smuggledthrough the sector
of La Trocha de Los Chi!es.
By water. The coastal towns in the Pacifie also have very little police
surveillance.
In El Jobo, Puerto Soley, and Cuajiniquil most of the boats make trips without
a sailing authorization, because there are no police officers there.
"Tt is common to see boats of Nicaraguan flag at night. Here nobody watches,
nobody controls", admitted one police officer.
In Los Chiles and San Carlos there is no control over the Medio Queso and
Pocosol rivers, which flow into in the Nicaraguan San Juan River.
Only 15 men to cover 48 kilometres
Upala, Alajuela. Going from this canton, that stretches along 1.580 Km 2, to
Nicaraguan territory by land or by water, is easy.
There are many "blind passages", and in contrast, very little police officers in
control posts.
This explains why it is common to find contraband of cattle, clothes,
medicines, grains, and a wide range of merchandise.
Upala shares with Nicaragua, 48 kilometres of linear border line, that have to
be covered by 15 Costa Rican police officers, in a ratio of three officers for
each of the surveillance posts in the zones of San José,El De1irio, Delicias,
México,and San Isidro. (...)
The water route is very favourable, because the Nifio and the Zapote rivers,
which are navigable ali year round, flow into the Gran Lago.
In the case ofthe Nifio River, the only control post is in the Iocality of San José,
where there are informai docks.
Then, during the !-hour boat trip, until you reach Nicaraguan soil, you will not
see one single police officer.
The same happens with the Zapote River, used as a secret passage by
Nicaraguan fishermen and hundreds of undocumented migrants.
"We need personnel and most of ali a boat to get into those areas", claimed
Heiner Araya, the local second commander. Annex 182
"The Army guards the river"
in La Prenm, Managua, 1 October 2005 TRANSLATION
THE ARMY GUARDS THE RIVER
(Extract)
LA PRENSA, Managua, Saturday, 1 October, 2005
San Juan River, Managua, and San José.lntercept, capture or open fire, is the
order received yesterday by the Nicaraguan surveillance patrol in the San Juan
River, in case a vesse! with Costa Rican arrned guards is sighted.
Yesterday, Colonel Ricardo Sanchez, chief of the Southem detachment,
ordered the boat of the National Army, hoisting the blue and white Nicaraguan
flag, to sail on a mission to protect the sovereignty of the San Juan River. The
vessel strengthened the Nicaraguan military posts in El Castillo, Bartola, Boca
de San Carlos, Sarapiqui, Delta, and San Juan de Nicaragua.
Captain Justo Josué Gonzalez, chief of the border zone and of the surveillance
patrol in the river, sailed at noon, on Friday,with a contingent of armed soldiers
and the necessary ammunition to fulfil his mission.
Colonel Sanchez said that this measure would not affect the routine of local
residents or tourists.
"We will see that the right of sail is observed, and there îs no problem if Costa
Rican boats navigate in the river; for commercial purposes, or if they bring
tourists. But, we will not tolerate that Costa Rican guard enters armed", wamed
the military chief.
(..) Annex 183
"[n alert"
in La Repûhlica. San José, 2 October 2005 TRANSLATION
lN ALERT
LA REPUBLICA, San José,Saturday 1 October, and Sunday 2 October,
2005.
Members of the Nicaraguan Army perfonn manoeuvres in Managua. After
Costa Rica presented the case for the,San Juan River before the International
Court of Justice in The Hague, Enrique Bolafios, President of that country,
ordered not to permit"under any circumstance" that Costa Rican guards
navigate armed on that waterway. Annex 184
"We can stop the case"
in ElNuevo Diario, Managua, 2 October 2005 TRANSLATION
"WE CAN STOP THE CASE"
(Extracts)
EL NUEVO DIARIO, Managua, Sunday 2 October, 2005
Norman Caldera, Nicaraguan Foreign Affairs Minister:
(..)
Remittances and Human Rights
The Nicaraguan Parliament also bas its own initiative of taxing Costa Rican
imports as a response. Do you believe that this will help bilateral
understanding, independently of the trial?
We are asking the Assembly to look at this matter since there are many reasons
for which different measures may be taken. When measures are taken as a
reaction to a court lawsuit, that same Court may interpret it as if the measures
were being taken against it.
We have to see what measures can be taken based on other points of view so it
is not interpreted that we want to punish the Court for having accepted the case.
What we could achieve with measures like this is to make the Court hostile.
(..) Annex 185
"Nicaragua conditions passing of Costa Rican vessels"
in La Nacion,San José,16 October 2005 749
TRANSLATION
NICARAGUA CONDITIONS PASSlNG OF COSTA RICAN VESSELS
(Extract)
LA NAClON, San José,Sunday 16 October, 2005
Conflict for the navigation on the San Juan River
Starting tomorrow, it will be required that the Nicaraguan flag be visible.
In addition, Nicaraguans will request Costa Ricans living in the area to
present identification.
Boca San Carlos, Northem Border. Starting tomorrow, Costa Rican vessels
transiting on the San Juan River will be required to carry the Nicaraguan flag
in a visible area.
The measure was communicated verbally to vessel owners last Thursday by the
Nicaraguan Military based in front of the Boca San Carlos village on the
Northern border.
Also, local residents must present identification documents each time they
enter or exit the river, on which they depend for agricultural, commercial and
other activities
The unexpected decision applies to aU inhabitants, notwithstanding if they are
minors or adults.
This affects those people who live in small villages such as Boca San Carlos,
Chorrera sand Cafi.o Jardin de Cutris, Ochoa, Curefia and Remolinito de
Sarapiqui.
First time: Many of the affected people stated their surprise at the measure.
"They caught us by surprise since after more than five decades of living here,
this is the first time that these requirements are forced upon, stated Jorge
Morales, an officer at the Boca San Carlos Development Association.
Morales, who has a farm in Chorreras, 10 km from his bouse, called the
resolution arbitrary and revealed that he is not willing to follow it even if it
means abandoning his property.
Zoraida Lopez co'nfirmed that the military told her husband, Eddy Martinez
that each time he transported 16 young people from Curefia, who study at the750
Telesecundaria at Boca San Carlos; he must place the Costa Rican as weil as
the Nicaraguan flag (blue and white) on his boat.
"Ifyou he does not do it he could be fined or forbidden to travel", cornrnented
Lopez
She added that she was truly worried: "First, due to the fact that my husband
needs to travel every day. Second, because we do not have another way for
traveling to Boca San Carlos save the San Juan and, third, it is impossible to
find a Nicaraguan flag in this area".
The closest Nicaraguan community is El Castillo, three hours by boat and the
expense for gas is around 22,000 Colones.
Separately, Jose Ramirez interprets the events taking place as reprisai by the
authorities from the neighbouring country due to the measures taken by Costa
Rica to take the river conflict to the Court at The Hague.
"lt's really bothersome to request documentation from us who have always
lived here and who sometimes navigate no more than one kilometre", he stated.
Testimonies
Ridiculous
Name: Jorge Morales
Age: 48
Profession: Member of the Association in Boca San Carlos
"It is ridiculous that they force my small, old boat to carry the flag since 1have
always lived here. The Nicaraguan authorities have gone too far".
Dignity
Name: Victor Acufia
Age: 48
Profession: Farmer
"I'd rather not enter the San Juan River anymore before accepting this measure.
This isn't an act of rebelliousness or of belittling the Nicaraguan flag;
Nevertheless, for me it is a question of national dignîty".
Injustice
Name: Jorge Espinoza
Age: 52
Profession: Farmer
"lt's just a foolishness from the Govemment of Nicaragua who wants to be "a
pain" since it is impossible to find a Nicaraguan flag in this country".No Way Out
Name: Zoraida Lopez
Age: 48
Profession: Housewife
"If they make us put the flag we have no choice but do it because they are the
boss here. But. ..where will we find one?"
(..) Annex 186
"Costa Rican vessels will bear the Nicaraguan Flag"
in La Prensa, Managua, 17 October 2005 TRANSLATION
COSTA RJCAN VESSELS WILL BEAR THE NICARAGUAN FLAG
.LAPRENSA, Managua, Monday, 17 October, 2005.
Costa Rican vessels navigating on the San Juan River will have to bear the
Nicaraguan flag according to an arder by the Nicaraguan Army, informed
Colonel Ricardo Sanchez, and head of the Southem Command.
This provision has caused unconfonnity of the Costa Ricans living near the
river bank, indicated a report by theP international news agency.
Colonel Sanchez stated that no vesse! bad been forbidden from entering or
transiting on the San Juan River, but they are being charge the national sail
authorization which is20 cordobas as weil as the international one which costs
five dollars or its equivalent in colones.
For example, he stated that on Friday 14 of this month, 12 Costa Rican vessels
and 7 Nicaraguan vessels entered the river with 67 Costa Rican citizens and
nine U.S. citizens.
"We are forcing the owners of the vessels (which have a flag staff or pole to
hoist the Nicaraguan flag", signalled the militaty chief.
Costa Rican Jorge Morales, from the Boca San Carlos Development
Association complained because after living in the river bank for five decades,
it is the first time that such requirement is demanded.
Alfredo Cordoba, Mayor ofthat region, will present a complaint to the Foreign
Affairs Ministry in Costa Rica. He believes that this decision is in reta1iation
due to the lawsuit presented by Costa Rica at the Court in The Hague in 1998
after police from his country were forbidden from navigating on the river with
anns.
However, Colonel Sanchez assured that this is one of the measures that must
be cornplied with to protect the sovereignty of the San Juan River.
The Army reinforced the vigilance at the Nicaraguan rnilitary posts in El
Castillo, Bartola, Boca San Carlos, Sarapiqui, Delta and San Juan de
Nicaragua. Annex 187
"Nicaragua conditions passing of Costa Rican vesse!s"
in El Nuevo Diario, Managua, 17 October 2005 TRANSLATION
NICARAGUA CONDITIONS PASSING OF COSTA RICAN VESSELS
EL NUEVO DIARlO, Managua, Monday, 17 October 2005
Conflict over navigation on the San Juan River
• Starting tomorrow, a Nicaraguan flag is required to be carried
• Moreover, Nicaraguans will require identification from inhabitants
Boca San Carlos, Northem Border. Starting today, Monday, transit of Costa
Rican vessels on the San Juan will be subject to the condition that they carry a
Nicaraguan flag in a visible place.
The requirement was informed verbally last Thursday to the owners of vessels
by the Nicaraguan military posted in front of the community of Boca San
Carlos, in the northem border.
Moreover, the inhabitants will have to present their identification documents
each time that they need to enter or exit the River, on which they depend to
carry out their agricultural, commercial and other activities.
The unexpected decision is applied to ali inhabitants, regardless of whether
they are rninor or of legal age.
It will affect those who live in the small villages such as Boca San Carlos,
Cherreras and Cano Jardin of Cutris, Ochoa, Curefîa and Remolinito of
Sarapiqui.
Severa! of those affected expressed their surprise over the measure. "We were
taken by surprise, because inmy almost five decades of living here this is the
first time that I am being demanded such requirements", said Jorge Morales,
board member of the Boca San Carlos Development Association.
He, who has his farm in Chorreras, sorne 10 kilometres from his bouse,
described this decision as arbitrary, and said henot willing to abide by it even
if it implies having to abandon that property. Zoraida Lôpez confirmed that the
military informed his husband, Eddy Martinez, that each time that he transports
the 16 youngsters from Curefia that study at the high school in Boca San Carlos
he will have to place in his boat both the Costa Rican and the Nicaraguan (blue
and white) flags."If he'does not comply he could be fined or his transit impeded", remarked
Lopez.
She added that her concem is threefold: "Firstly, because my husband needs to
travel every day. Secondly, because we don't have another way togo to Boca
San Carlos that is not through the San Juan, and thirdly, because in this region
it is not possible to obtain the Nicaraguan flag". The nearest Nicaraguan .
community is El Castillo, three hours by boat and the cost of fuel is around the
22.000 colones.
On his part, fanner José Ramirez interprets what is happening as a reprisai
from the authorities of the neighbouring country to the measure taken by Costa
Rica to take the river conflict to the Tribunal of The Hague.
"It is absurd to ask for papers to those of us who have always lived here, and
who sometimes only navigate for a kilometre", he said. Annex 188
"Ticos will pay for a visa"
in El Nuevo Diario, Managua, 19 October 2005 Annex 189
"Nicaragua demands a Visa and Passport on the River"
inLa Naci6n; San José,30 October 2005 TRANSLATION
TICOS WILL PAY FOR A VISA
EL NUEVO DIARlO, Managua, Wednesday 19 October, 2005
A decree already in La Gaceta
• 100 thousand Costa Ricans enter the country each year and the
money collected will be used to face the suit against us in The Hague.
President Enrique Bolafios made the immigration measure official which states
that any Costa Rican citizen, who wants to enter Nicaraguan territory, must
request a consular visa which costs 20 US Dollars and pay an extra 5 US
Dollars which is the cast of the application formas was recently announced by
Foreign Minister Narman Caldera.
The official newspaper La Gaceta, in its past edition of 17 Monday, published
Decree No. 70-2005, signed by President Bolafios, thereby reforming Decree
No. 27-2005 regarding country visas and placing Costa Rica on the visa
requirements from Article 3 whose citizens have been placed in Category B
since Monday, establishing that, depending on the type of passport they carry,
they will require a çonsular visa for entering Nicaraguan territory.
The decree explains that a Costa Rican citizen who needs to enter Nicaragua
carrying an ordinary passport must show a consular visa obtained by paying the
corresponding taxes.
Al$0, the n~w decree· clarifies that ali Costa Ricans carrying a diplomatie,
official or a service passport is exempt from paying the visa, according to a
Joint Agreement between bath countries subscribed on January 31, 1993.
It must remember that Foreign Affairs Minister Norman Caldera, upon
announcing these immigration measures towards the Costa Ricans, argued that
it was a reciprocal measure since each Nicaraguan entering Costa Rican
territory bad to paya $20 visa fee.
ln addition, he explained that with such measure, considering that sorne 100
thousand Costa Ricans enter Nicaraguan territory each year, the _ funds
necessary to allow Nicaragua to face the case presented in The Hague over the
San Juan River will be obtained.
At that moment, Minister Caldera indicated that with that measure Nicaragua
would not need to impose the patriotic tax of 35 percent to Costa Rican
products that enter Nicaragua, an initiative that was proposed by sorne
members of the National Assembly. TRANSLATION
NICARAGUA DEMANDS A VISA AND PASSPORT ON THE RIVER
LA NACION, San José,Sunday 30 October, 2005
Requirements for traveling on the San Juan
• Upon being notified, neighbors from Sarapiqui referred to the
measures as absurd
• They foresee a large drop in the navigation between Puerto Viejo and
Barra del Colorado
Puerto Viejo, Sarapiqui. Costa Ricans will not be able to navigate on the San
Juan River without a passport and consular visa that costs $20 (9.820 colones)
granted by Nicaragua.
The new demands of the Nicaraguan govemment began to be verbally
communicated last week to the owners of Costa Rican vessels transporting
passengers and merchandise between Puerto Viejo de Sarapiqui and Barra del
Colorado and Tortuguero in the Atlantic.
Costa Ricans are forced to navigate 22 kilometers on the San Juan, specifically
between the mouth or Boca del Sarapiqui and the sector known as Delta San
Juan in order to re-enter national waters after entering the Colorado River.
A Nicaraguan immigration official covering the mouth of the Sarapiqui
personally communicated the new requirements to boatman Geovanni Navarre,
a resident of Puerto Viejo.
"Last Sunday he told me that on my next trip, in addition to carrying the
Nicaraguan tlag, I had to present both documents- a passport and a visa- the
same as the passengers and if not he would not allow me to continue my trip",
Navarro told La Naci6n.
The carrier, Santos Arrieta, received the same waming, but yesterday those
who were navigating between Bocas San Carlos and Boca Sarapiqui did not
know it.
Damage. In Puerto Viejo where 18 boatmen have their operations base, the
Nicaraguan measure has caused great concern due to the negative
repercussions it would represent for them.Pablo Hernandez stated that if Nicaragua forces them to pay, in addition to the
$9 (4.419 colones) as was establîshed in 2002, a $20 visa; the transportation
costs would become very expensive; as a result, fewer nationals from other
regions will corne to the area.
"The arrivai of visitors dropped by 80 percent since the $9 charge was
imposed; now things are worse which could lead to our ruin", said Hemandez.
Testimony
Uncertainty
Name: Geovanni Navarre
Age: 33 years-old
Nationality: Costa Rican
"If the govemment does not intercede for us, there will be no other choice but
to comply with the Nicaraguan demands. If not we will be left without a source
of income. We feel that the Govemment has abandoned us and that is why we
are asking the Foreign Ministry to intervene." Annex 190
"Costa Rican Foreign Affairs Minister seeks dialogue regarding visas and flags"
in El Nuevo Diario, Managua, 1 November 2005 TRANSLATION
COSTA RICAN FOREIGN AFFAIRS MINISTER SEEKS DIALOGUE
_REGARDING VISAS AND FLAGS
(Extract)
EL NUEVO DIARIO, Managua, Tuesday 1 November, 2005
Problems with the San Juan and the New Immigration Law
The Costa Rican Foreign Affairs Minister Roberto Tovar affinned that he
would speak with his Nicaraguan counterpart Norman Caldera in arder to
address certain situations that he feels are worrisome after histry decîded
to take the San Juan River conflict to the International Court of Justice at The
Hague. Among them, a visa fee and requiring Costa Ricans traveling on the
San Juan River to carry a passport. In addition to this, boatmen are required to
hoist a Nicaraguan flag on their vessels if they want to transit on the river.
Although these rneasures have not been officially communicated, certain news
media already consider it a fact given that the boatmen and residents from the
area have been told so by Nicaraguan authorities.
The newspaper La Naci6n published that various boatmen in the area had
stated that they had been told that "we should present both documents - a
passport and a visa- the same as the passengers, if not; they will not allow me
to continue my trip".
In this regard, the Costa Rican Foreign Affairs Minister said that he was
confident that this situation would be resolved through dialogue, given that, if
true, this measure could be detrimental to the residents who consuetudinary
have used this waterway.
(..) Annex 191
"Ticos daim 'new and additional rights"
in El Nuevo Diario, Managua, 4 November 2005 TRANSLATION
TICOS CLAIM "NEW AND ADDITIONAL" RlGHTS
EL NUEVO D.IARIO, Managua, 4 November 2005
One of them being that their police sail the San Juan armed
• Agent of Nicaragua before The Hague states that they are stiJl trying
to impose the transportation of passengers and tourists.
• He does not believe that the International Court will diminish the
principle of sovereignty upon which the international legal order is
based.
-The ticos claim new and additional rights over the San Juan River before the
International Court of Justice, "which are not contemplated within the Jerez
Canas Treaty of 1858", revealed the Agent of Nicaragua in the Hague for the
case of Costa Rica, Mauricio Herdocia Sacasa.
The jurist stated that among those rights Costa Rica intends to have over the
San Juan River, it stands out the ridiculous intention of allowing their
policemen to sail the river anned in Nicaraguan sovereign territory.
He adds that another intention is the transportation of passengers and tourists
also in "Nicaraguan sovereign territory" and finally intends to overlook the
control and jurisdiction mechanisms which Nicaragua, as sovereign, has the
right to exercise in ali of the national territory.
"The aforementioned basically summarizes the three approaches expressed by
Costa Rica. The most important issue here is that none of those approaches is
based on any legal ground within the Jerez-Canas Treaty or within the
Cleveland Award", he stated.
"On the contrary," added the specialist, "the Jerez-Canas Treaty only gives
Costa Rica the limited right to navigate for commercial purposes which does
not include tourism or the transportation of cargo and passengers."
He also added that Nicaragua should not fee! insecure at ali about its position
since its strong position is based on the text of the Jerez-Canas Treaty itself,
signed in 1858, and on the Cleveland Award.
"Under no ground", he considered, "we believe that a Court like that of The
Hague will minimize the principle of sovereignty which is the fundamental
basis upon which the international legal arder rests".The prestigious jurist remembered that under Article VI of the Jerez-Caîias
Treaty, Nicaragua has on ari exclusive manner the dominium and sovereign
jurisdicti1n as reflected by the Treaty itse\f; therefore, we have the rights,
authority and jurisdiction inherent to the territorial sovereign, which includes
the right to exercise control, jurisdiction, defense, protection, security and
conservation over the San Juan River.
Claims are groundless
Doctor Herdocia considers that those new and additional rights which Costa
Rica intends to obtain over the San Juan River ''are alleged rights with no
ground in the relevant treaties".
"Even more," he stated, "when the case presented by Costa Rica is referred to
a treaty of limits. We cannat forget that the Jerez-Canas Treaty is a treaty of
limits that separates the respective sovereignties and jurisdictions of both
countries".
"It is, therefore, very delicate to alter this balance established over a century
ago where both parties created a whole system ofbenefits and counter-benefits,
whose balance cannot be altered in any way."
He expressed that Nicaragua has a central point. ''The San Juan River is a
national river; it is a river where the exclusive sovereignty is recognised,
therefore, that holds a lot of weight before the International Court of Justice,
specially taking into account that the issue of sovereignty is a fundamental
factor upon which international law rests.
"Nicaragua has a solid position. It is a strong position under international law
and the instruments. If one reviews the Jerez-Canas Treaty and the Cleveland
Award, under no ground you will find that (the alleged right of the tiquillos)
applies either to armed navigation or transportation, and even Jess to the
navigation of tourists," he recalled.
He pointed out that the treaty is limited "only and exclusively for navigation
with commercial purposes in a small area of the river. Everything beyond that
is an affront to Nicaraguan sovereignty; it means breaking the delicate balance
stated in the Jerez-Caîias Treaty," he expressed.
"Nicaragua has historically maintained a negative position about the possibility
that the Jerez-Canas Treaty and the Cleveland Award allow any other type of
navigation than the navigation with commercial purposes. That has been
Nicaragua's historical and traditional position," he added."The Jerez-Canas Treaty and the Cleveland Award closed any possibility
forever for Costa Rica to daim new and additional rights to what is already
established by the limitations granted in them", he concluded. Annex 192
"Conflict over the San Juan scares away tourists"
inLa Naci6n, San José,8 November 2005 TRANSLATION
CONFLICT OVER THE SAN JUAN SCARES AWAYTOURISTS
(Extracts)
LA NACION, San José,Tuesday 8 November, 2005
•Guards deny passage to 2 electricians that were traveling to repaira
Costa Rican hotel
• For the past three weeks there are fewer tours to the Tortuguero
Canals.
The transit of tourists towards the Tortuguero Canals in Limon, has been
notoriously reduced in the past few days, since many oppose paying the $34
demanded by Nicaragua for navigating on the San Juan River.
As a matter of fact, a Nicaraguan immigration official at the post facing the
mouth of the Sarapiqui River, impeded two Costa Rican electricians from
traveling, claiming that they were not carrying a consular visa or a passport.
This happened last Friday at 2pm when the Costa Ricans- whose identities
were not mentioned- were attempting to reach San Juan del Norte, Nicaragua,
in order to repair three of the four electrical plants from the lndio Maiz Hotel,
owned by Costa Rican Alfredo Lopez.
Sorne businessmen stated that this requirement is affecting the trips to
Tortugero through the Puerto Viejo, Sarapiqui and the Delta San Juan route.
The trips had diminished severely in the past three weeks, they affirmed.
The reason is that national tourists are not willing to pay the $25 for the
consular visa or the $9 additional that they are charged for entering and exîtîng
the neighboring country to the North.
"This is the clearest reflection of how the negative effects are starting to be felt
regarding the requirements that we ticos must comply in order to be allowed to
transit", stated Jorge Rodriguez a boatman.
Pablo Hernandez, another boatman, remembered that Sarapiqui and
Tortuguero's economies depended heavily on tourism and that the moving
away of visitors would bring economie problems.
Hard. Businessman Alfredo Lopez, whose company owns the Indio Maiz
Hotel, confirmed the incident with the technicians who, he clarified, have been
traveling along the San Juan for the past four years and that previously, the
Nicaraguan posts had just required their identydocuments (cédulas).768
(...)
The restrictive measures of the Nicaraguan authorities were imposed after
Costa Rica presented a claim at the International Court of Justice at The Hague
in Holland against Nicaragua over the navigational rights on the San Juan
River.
In addition to the possibility of placing a tariff on Costa Rican products, a visa
fee was imposed as a manner of controlling those who navigate on the river.
volume V